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HomeMy WebLinkAbout2014 Ordinances� r mk rir®Oki 1�' CITY OF IOWA CITY 410 East Washington Strcet Iowa City, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4568, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of January, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 16, 2014. Dated at Iowa City, Iowa, this 14th day of February 2014 Jull Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS-CITIZEN I fFED�.ID#42-0330670 f being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS-CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to before me this day of Notary Public FACHELSINALLA t OL cwff*wwr% . M;It � E><piAlt OFFICIAL PUBLICATION ORDINANCE NO. 14-4568 ORDINANCE REZONING APPROXIMATELY 15.78 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P-1) AND 29.07 ACRES FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT- SINGLE EVELOPMENTSINGLE FAMILY RESIDENTIAL (ID -RS) LOCATED ON SYCAMORE STREET SOUTH OF THE CURRENT CITY LIMITS. (REZ13-00023) WHEREAS, the applicant, the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on Sycamore Street south of the current city limits from County Residential (R) to Neighborhood Public (P-1) and Interim Development -Single Family Residential (ID -RS); and WHEREAS, the Comprehensive Plan indicates that the southern portion of the subject property is appropriate for Neighborhood Public zoning; and WHEREAS, the Comprehensive Plan- South District Plan indicates that the southern portion of the subject property is an appropriate location for a school; and WHEREAS, Interim Development zoning is appropriate for the north- ern portion of the property until such a time as a development plan is submitted in compliance with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of County Residential (R) to Neighborhood Public (P 1) and Interim Development -Single Family Residential (ID -RS) as follows: LEGAL DESCRIPTION Description: The approximate- ly 29.07 acres described below is hereby reclassified and rezoned from County Residential (R) to Interim Development -Single Family Residential (ID -RS): A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Beginning at the North Quarter Corner of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S01 102'07"E, along the East Line of the Northwest Quarter of said Section 26, a distance of 1753.98 feet; Thence S89°00'10"W, 989.09 feet; Thence NOW59'50"W, 60.00 feet; Thence N89°00'10"E, 274.88 feet; Thence N01°02'07"W, 1686.17 feet, to a Point on the North Line of said Northwest Quarter; Thence N88022'36"E, along said North Line, 714.21 feet, to the Point of Beginning. Said Zoning Parcel contains 29.07 Acres (1,266,348 square feet), and is subject to easements and restric- tions of Record. Description: The approximate- ly 15.78 acres described below is hereby reclassified and rezoned from County Residential (R) to Neighborhood Public (P-1): A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER ALL OF SECTION 26, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of the Southeast'Quarter of the Northwest Quarter of Section 26, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence N01 °02'07"W, along the East Line of said Southeast Quarter of the Northwest Quarter, 250.01 feet, to the Point of Beginning; Thence S88°24'05"W, 1056.21 feet; Thence N33156'01"W, 287.10 feet; Thence N71°52'45"E, 233.05 feet; Thence NOW59'50"W, 347.99 feet; Thence N89°00'10"E, 989.09 feet, to a Point on said East Line of the Southeast Quarter of the Northwest Quarter; Thence S01 °02'07"E, along said East Line, 646.48 feet, to the Point of Beginning. Said Rezoning Parcel contains 687,186 Square Feet (15.78 Acres), and is subject to easements and restrictions of record. SECTION II. ZONING MAP The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to fecord the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE .DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of January, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -8000030715 January 16, 2014 � r ul UP AM CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4569, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of January, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on January 16, 2014. Dated at Iowa City, Iowa, this 14th day of February 2014. .V K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, as published in said paper ____ time(s), on the following dat (s): ao �� Legal Clerk Subscrib d and sworn to b fore me this day of CUI LCV) A.D.20-Y—.__. Notary Public o s RACHEL 8HALu Cmmliftlon Number ='+W M1S MY 12106✓2018 OFFICIAL PUBLICATION ORDINANCE NO. 14-4569 ORDINANCE REZONING APPROXIMATELY 15.14 ACRES FROM COUNTY RESIDENTIAL (R) TO NEIGHBORHOOD PUBLIC (P-1) LOCATED ON AMERICAN LEGION ROAD AND BARRINGTON ROAD. (REZ13- 00025) WHEREAS, the applicant; the Iowa City Community School District, with the consent of the owner, has requested a rezoning of property located on American Legion Road and Barrington Road from County Residential (R) to Neighborhood Public (P-1); and WHEREAS, the Comprehensive Plan- Southeast District Plan indi- cates that the subject property is appropriate for public open space; and WHEREAS, the Comprehensive Plan- Southeast District Plan indi- cates that locating a school site near neighborhood destinations like public open spaces is advis- able; and WHEREAS, Neighborhood Public zoning complies with the intent of the Southeast District Plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassi- fied from its current zoning desig- nation of County Residential (R) to Neighborhood Public (P-1): LEGAL DESCRIPTION A PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER ALL OF SECTION 18, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Commencing at the Southeast Corner of Section 18, Township 79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89°49'55"W, along the South Line of the East One -Half of the Southeast Quarter of said Section 18, a distance of 1317.87 feet, to the Southwest Corner of said East One -Half; Thence N00°3,1'57" E, along the West Line of said East One -Half, 700.14 feet, to the Point of Beginning; Thence continuing N00°31'57"E, along said West Line, 556.81 feet, to a Point on the South Line of Lot 1 of Lacina Farmstead, in accordance with the Plat thereof Recorded in Plat Book 33 at Page 146 of the Records of the Johnson County Recorder's Office; Thence S89°25'05"E, along said South Line 0.76 feet, to the Southeast Corner of said Lot 1; Thence N00°33'48"E, along said the East Line of said Lot 1, a dis- tance of 590.74 feet, to the Northeast Corner thereof, and a Point on the Centerline of American Legion Road SE; Thence S66°43'53"E, along said Centerline, 602.89 feet; Thence S23°16'07"W, 61.50 feet; Thence Southeasterly, 164.31 feet along a 170.00 foot radius curve, concave Northeasterly, whose 157.99 foot chord bears SO4°25'14"E; Thence S32°06'35"E, 254.99 feet; Thence Southeasterly 131.15 feet along a 230.00 foot radius curve, concave Southwesterly; whose 129.38 foot chord bears S15°46'27"E; Thence S00°33'41 "W, 361.88 feet; Thence N89°26'19"W, 720.68 feet, to the Point of Beginning. Said Parcel of Land contains 15.14 Acres (659,342 square feet), and is sub- ject to easements and restrictions of record. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinanc- es in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 7th day of January, 2014 s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC.6000030720 January 16, 2014 r Al Mang�. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4570, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of February, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 27, 2014. Dated at Iowa City, Iowa, this 17th day of March 2014. JUII . Voparil Deputy City Clerk Printer's Cee ii S a ._--I —5 CERTIFICATE OF PUBLICATION ,STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID##42\0`330670 f being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_,___ time(s), on the following date(s): Legal Clerk Subscribed and sworn to be a me this day of A.D.20L--Z—. Notary Public eu( iR4ACHEL SHALLA $I" Commission Number 781715 j§4 My Commission Expires 12/06/2016 OFFICIAL PUBLICATION ORDINANCE NO. 14-4570 ORDINANCE AMENDING TITLE 1, ENTITLED "ADMINISTRATION," CHAPTER 4, ENTITLED "GENERAL PENALTY," SECTION 2D TO PROVIDE THAT THE CIVIL PENALTY FOR FAILING TO COMPLETE AN INFORMATIONAL DISCLOSURE AND ACKNOWLEDGMENT FORM IS $500.00 FOR FIRST VIOLATION, $750.00 FOR SECOND VIOLATION, AND $1,000.00 FOR THIRD AND SUBSEQUENT VIOLATIONS. WHEREAS, over -occupancy of rental units is an issue that nega- tively impacts the quality and value of neighborhoods; WHEREAS, Section 17-5-14 of the City Code requires landlords and tenants to sign an Informational Disclosure and Acknowledgement Form which, in part, states the maximum occupancy of the rental unit; WHEREAS, although landlords and tenants have been required to sign the Informational Disclosure and Acknowledgement Form for over ten years, the form is often not completed or not fully completed (e.g., not all tenants sign it); WHEREAS, the civil penalties presently are $250.00 for first viola- tion, $500.00 for second, and $750.00 for third and subsequent violations; WHEREAS, the civil penalty for over -occupancy is $750.00 for first violation and $1,000 for second and subsequent violations; and WHEREAS, in order to increase compliance with the occupancy standards, it is in the best interest of the City to raise the civil penalty for failing to complete the Informational Disclosure and Acknowledgment form to $500.00 for first violation, $750.00 for sec- ond, and $1,000.00 for third and subsequent violations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENTS. 1.Title 1, entitled "Administration," Chapter 4, entitled "General Penalty," Section 2, entitled "Civil Penalties for Municipal Infractions," is amended by adding a new Subsection D3: The civil penalty for violation of section 17-5-14 of this code shall be punishable. as provided in the following schedule for each day a violation exists or continues: First offense $ 500.00 Second offense $ 750,00 Third and subsequent offense $1,000.00 SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of February, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC4M032251 February 27, 2014 � r 1 -NI-t �1.066 ILI Q , l CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 3S6-5009 FAX %vww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4571, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of February, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on February 27, 2014. Dated at Iowa City, Iowa, this 17th day of March 2014. Jule K. Voparil Deputy City Clerk Printer's Fee a` CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _�___ time(s), on the following date(s): Legal Clerk Subscribed and sworn to be re me this day o A.D.26_L, . Notary Public eIAta RACHEL SHALLA o Commission Number 781715 s 4g• My Commission Expires 'Owl' 12/06/2016 2. The outdoor service area OFFICIAL PUBLICATION shall only be operational while ORDINANCE NO. 14-4571 the establishment is serving CONSIDER AN ORDINANCE food from an on -premise AMENDING TITLE 4, kitchen and the outdoor ser - "ALCOHOLIC BEVERAGES", vice area must be closed to all CHAPTER 3, "OUTDOOR patrons by 10 PM or whenev- SERVICE AREAS; SEASONAL, er the kitchen is closed, FIVE DAY OR FOURTEEN DAY whichever is earlier. LICENSES AND PERMITS", 3. The outdoor service area SECTION 4-3-1, "OUTDOOR occupancy limit shall not SERVICE AREAS" TO AMEND exceed 30 persons. THE LOCATION RESTRICTIONS 4. A lighting plan for the out - ON OSA'S IN THE CC -2 ZONE door service area must be WITH THE ADDITION OF filed with the application and POTENTIAL REGULATORY approved by the City Manager, CONDITIONS or designee. WHEREAS, the City regulates The City Council may at any various aspects of Outdoor Service time modify the above conditions Areas ("OSAs") (areas with avail- or impose additional conditions able alcohol on private property) on a permit for an outdoor ser - through regulatory provisions con- vice area for a property in the cerning location, screening, exits, CC -2 zone that is within one occupancy, noise, signage and hundred (100') feet of an R (resi- building code; and dential) zone, if sufficient con - WHEREAS, the existing regula- flicts with properties in the adja- tions prohibit GSA's from locating cent R (residential) zone have within 100' of a residential bound- been identified or are to be rea- ary in the' CC -2 (Community sonably expected. Commercial) zone, although the In the event that property within same restriction does not apply in one hundred feet (100') of an the CB -2, CB -5 and CB -10 (central established outdoor service area business district) zones; and is rezoned to any R (residential) WHEREAS, an existing business zone classification, such outdoor with current usable space for an service area shall be permitted to OSA has asked for a review of the continue in operation so long as it prohibition of OSA's within 100' of is continuously authorized as a residential zone in the CC -2 such by the City Council without zone; and lapse, suspension or revocation. WHEREAS, with the addition of The City Council may waive oper- potential regulatory conditions, ation of this provision to permit OSA's may be appropriate in CC -2 continued operation of the out - zones within 100' of a residential door service area in the event of zone, with the added benefit of lapse or suspension of the license creating enhanced business or permit for the establishment or opportunities along with improving in the event of lapse or suspen- the viability of walkable neighbor- sion of City Council authorization hood establishments while appro- for the outdoor service area. priately protecting adjacent resi- SECTION II. REPEALER. All ordi- dential properties; and nances and parts of ordinances in WHEREAS, the City Manager's conflict with the provisions of this Office recommends passage of Ordinance are hereby repealed. this ordinance as in the public SECTION III. SEVERABILITY. If any interest to enhance business section, provision or part of the opportunities and improve the via- Ordinance shall be adjudged to be bility of walkable neighborhood invalid or unconstitutional, such establishments while protecting adjudication shall not affect the adjacent residential properties. validity of the Ordinance as a NOW, THEREFORE, BE IT whole or any section, provision or, ORDAINED BY THE CITY part thereof not adjudged invalid or COUNCIL OF THE CITY OF IOWA unconstitutional. CITY, IOWA, THAT: SECTION IV. EFFECTIVE DATE. SECTION I. AMENDMENT. This Ordinance shall be in effect Title 4, "Alcoholic Beverages", after its final passage, approval Chapter 3, "Outdoor Service Areas; and publication. Seasonal, Five Day or Fourteen Passed and approved this 18th Day Licenses and Permits", day of February, 2014. Section 4-3-1, "Outdoor Service s/Matthew J. Hayek, Mayor Areas", Section C, "Regulation of Attest: s/Marian K. Karr, City Clerk Outdoor Service Areas", subsec- tion 1 "Location Restrictions", sub- February paragraph "d" is hereby amended "°-°°°°"'2252 by repealing said subparagraph "d" in its entirety and adopting a new subparagraph "d" as follows: a. An outdoor service area shall be permitted in any C (commer- cial) zone, as provided by title 14 of this code, provided an out- door service area shall not be permitted if any part thereof lies within one hundred feet (100') of an R (residential) zone except in CC -2, CB -2, CB -5, and CB -10 zones. If the property is zoned CC -2, an outdoor service area is only allowed within one hundred (100') feet of an R (residential) zone if all of the following condi- tions are satisfied: 1. The outdoor service area is, only allowed if associated with a restaurant, as defined in this Chapter. I r i � �+• iMIM&OHL.. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX twww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4572, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 13, 2014. Dated at Iowa City, Iowa, this 15th day of April 2014. Ju I . Voparil Deputy City Clerk �•� OFFICIAL PUBLICATION Printer's Fee a.j� ORDINANCE NO. 14-4572 AN ORDINANCE AMENDING OF PUBLICATION TITLE 15: LAND SUBDIVISIONS TO REMOVE MAXIMUM DISTANCE CERTIFICATE REQUIREMENTS FOR THE PLACEMENT OF CLUSTERED OF IOWA, MAILBOXES I N NEW ,STATE SUBDIVISIONS AND ADDING GUIDELINES TO ENSURE COLINTYf, SS' APPROPRIATE PLACEMENT OF JOHNSON LARGE CONCENTRATIONS OF MAILBOXES. IOWA CITY PRESS -CITIZEN WHEREAS, the Subdivision currently require that THE Regulations mailbox clusters be located within FED.ID#42-0330670 one block or 600 feet walking distance of the residences they serve; and WHEREAS, the U.S. Post Office has indicated it will no longer if support these maximum distance requirements, which may result in being duly sworn, say that I am larger mailbox clusters; and WHEREAS, there are traffic safety the IOWA CITY and aesthetic concerns associated the legal clerk of with large mailbox clusters that PRESS -CITIZEN, a newspaper may impact individual properties adjacent to cluster sites; and and to published in said county, to he r gulattio sr arresed nt intended copy Of provide flexibility to address these that a notice, a printed concerns on a case-by-case basis is hereto attached as based on the design and density of which � 1 the proposed subdivision; and In said paper _ WHEREAS, the Planning and published Zoning Commission has reviewed the following date(s): thisordinan a amendment and time(s), on recom' 1 CORDAINED NOW, THEREFORE, BE IT BYTHE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, ..- Iowa is hereby amended as follows: Delete the following paragraphs 15-3-10B and C and replace with Legal Clerk the following: B. Mailbox clusters serving residential developments shall Subscrib d and sworn to be conveniently located for this �dof residents. Unless otherwise approved by the City, mailbox clusters shall be located in an outlot maintained by the Eat homeowners association. Mailboxes should be located in a manner that provides safe access for residents, e.g. does not require residents to cross Public heavily trafficked streets. Notary Driveways shall be allowed no closer than twelve feet (12') from RACHEL SHALLA the location of a clustered �Pa'� Commission Numbe 7$1715 mailbox as measured along the curb line of the fronting street. i ,..• 'r My Commission Exp fres Mailboxes must be located in a 12!0612016 manner that will not violate the �ov+P city's intersection visibility standards. Locations and design must be approved by the City and the United States postal service. Depending on the size and location of the clustered mailbox, the City may require a vehicular pull over lane built to city specifications. C. Mailbox clusters shall be located on a concrete pad built to city specifications. To provide for pedestrian access, a five foot (51) wide concrete sidewalk shall be provided from the mailbox cluster to the adjacent public street and sidewalk. An accessible route shall be provided according to ADA standards for accessible design. In situations where there are a large number of mailboxes, the cluster site should be designed and located as an attractive and integrated component of the neighborhood (e.g. covering or shade structure, landscaping, setbacks, parking or vehicle access) in order to ensure that it does not detract from properties immediately adjacent to it. The cost of installation, including, but not limited to, box units and concrete pad and sidewalk access shall be borne by the developer, and subsequent maintenance shall be the responsibility of the homeowners association and/or the United States Postal Service. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 4th day of March, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000032746 March 13, 2014 ! In R. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov. org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4573, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 13, 2014. Dated at Iowa City, Iowa, this 15th day of April 2014. ��" V', , ,, �� -, J K. Voparil Deputy City Clerk (S�� , \, -k 1Z �-k �,-, (N ) OFFICIAL PUBLICATION If the owner is not a resident of ORDINANCE NO. 14-4573 Iowa, certified criminal history of 'ORDINANCE AMENDING TITLE that state and certified driver's Printer's Fee $ 5, ENTITLED "BUSINESS AND LICENSE REGULATIONS," record of that state. 4. Title 5, entitled "Business and CHAPTER 1, ENTITLED License Regulations," Chapter 2, CERTIFICATE OF PUBLICATION "GENERAL LICENSING PROVISIONS," AND CHAPTER 2, entitled "Taxicabs," Section 2, enti- fled "Taxicab Business License; ENTITLED "TAXICABS,"AND Vehicle Decals," Subsection B5 is TITLE 9, ENTITLED "MOTOR amended by deleting it in its entirety STATE OF IOWA, VEHICLES AND TRAFFIC," and substituting the following new CHAPTER 4, ENTITLED subsection in lieu thereof: "PARKING REGULATIONS," TO Except for pedicabs and horse- COUNTY, SS: REQUIRE DRIVERS TO drawn vehicles, maintain manifest J OHNSON MAINTAIN MANIFEST LOGS, TO logs for all drivers for 60 days and REQUIRE SOME UNIFORMITY provide manifest logs to the city THE IOWA CITY PRESS -CITIZEN OF RATE CARDS, TO REQUIRE upon request. "Business NOTIFICATION WHEN A LICENSE PLATE NUMBER IS 5. Title 5, entitled and License Regulations," Chapter 2, FED.ID#42-0330670 CHANGED, TO ELIMINATE TAXI entitled "Taxicabs," Section 2, enti- "Taxicab Business License; STANDS, TO ALLOW TAXIS TO tled BE PARKED ON RESIDENTIAL Vehicle Decals," Subsection C1 is �1 y STREETS, AND TO AUTHORIZE THE CITY TO SUSPEND A amended by deleting it in its entirety and substituting the following new LICENSE. Subsection C1 in lieu thereof: WHEREAS, currently companies Issuance Or Denial Of Business being duly sworn, say that I am are required to maintain manifest License: If the city clerk finds that has fully logs, but drivers are not similarly the applicant complied legal clerk of the IOWA CITY required to do so; with the requirements of this chap - the WHEREAS, currently rate cards are ter, the applicant has no outstand- PRESS-CITIZEN, a newspaper filed with the clerk and posted in the ing judgments arising from munici- vehicle, but there is no uniformity pal infraction citations, and the in said county, and among them; police chief or chief's designee has published WHEREAS, currently there is no determined that there is no informa- that a notice, a printed copy of requirement to notify the City when tion which would indicate that the a license plate number is changed issuance of the license would be which is hereto attached, W 9 for a vehicle that has been issued a detrimental to the safety, health or decal; welfare of residents of the city, the published in said paper WHEREAS, currently there are no city clerk shall issue a license to business. taxi stands, and there has been only conduct a taxicab time(s), on the following date(s): one in recent years; 6. Title 5, entitled "Business and 2, WHEREAS, currently taxis, unlike License Regulations," Chapter other commercial vehicles, cannot entitled "Taxicabs," Section 2, enti- be parked on residential streets; fled "Taxicab Business License; WHEREAS, currently the hearing Vehicle Decals," Subsection C is officer is authorized to revoke a amended by adding the following license of a company and the new Subsection C3: authorization of a driver, but not to The license cannot be sold, issue temporary suspensions; assigned, or transferred to another WHEREAS, currently there is a taxicab business. provision that decals cannot be 7. Title 5, entitled "Business and LegalClerk g transferred but there is no similar License Regulations," Chapter 2, provision regarding licenses; and entitled "Taxicabs," Section 2, enti- Subscribed and sworn to WHEREAS, it is in the public inter- est to adopt these amendments. tled "Taxicab Business License; Vehicle Decals," Subsection D3 is bef me this.–L— day o NOW, THEREFORE, BE IT amended by deleting Paragraph d the re 20 ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: in its entirety and substituting following new paragraph in lieu SECTION I. AMENDMENTS. thereof 1. Title 5, entitled "Business and The applicant shall return the decal ZA.D. y License Regulations," Chapter 1, and remove the bubble light and (- entitled "Business and License lettering within 2 business days of Regulations," Section 5, entitled when the vehicle is no longer oper- "Revocation of License or ating as a taxicab. Failure to comply Notary Public Authorization," is amended by add- with this provision is grounds to $HALLA ing the following sentence at the end of the section: revoke the taxicab business license. Il,�L lop11ttnISS1f'n Ntmlber 78IT15 Upon hearing, the city manager or designee may uphold the revoca- S. Title 5, entitled "Business and License Regulations," Chapter 2, . My Commb E w tion, may reverse the revocation, or entitled "Taxicabs," Section 2, enti- tled "Taxicab Business License; 12p MIG may suspend the license or authori- zation. Vehicle Decals," Subsection D3 is 2. Title 5, entitled "Business and amended by adding the following License Regulations," Chapter 2, "Taxicabs," new Paragraph e: If, after the issuance of a decal, the r entitled Section 1, enti- tled "Definitions," is amended by license plate for the vehicle is adding a new definition for "Entry changed, the applicant shall inform Fee" and by deleting the definition the City Clerk in writing of the new of "Rate Card" and substituting a license plate number and have the new definition in lieu thereof: City Equipment Supervisor or des - Entry Fee: The fee charged when ignee verify that the VIN, license plate number, and decal match. No the taximeter is turned on regard- less of the distance traveled. driver shall operate a taxicab until Rate Card: A card containing the the City Equipment Supervisor or maximum fare rates and complaint designee has verified that the VIN procedure. A rate card must include and decal match the new license the information shown on the city plate number. No taxicab business clerk's rate card template, and it shall allow a taxicab to be operated must be filed with the city clerk. until the City Equipment Supervisor 3. Title 5, entitled "Business and or designee has verified that the VIN License Regulations," Chapter 2, and decal match the new license entitled "Taxicabs," Section 2, enti- plate number. tled "Taxicab Business License; Vehicle Decals," Subsection A3 is amended by adding the following sentence to the end of the subsec- tion: 9. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 3, enti- tled "Liability Insurance Requirements," is amended by deleting Subsection A5 in its entire- ty and substituting in the following new subsection in lieu thereof: The cancellation or other termina- tion of any insurance coverage for any single vehicle shall require the decal to be returned to the city clerk and a re -inspection of that vehicle will be required prior to the issuance of another decal and use of the vehicle as a taxicab. The city clerk shall immediately issue written noti- fication of the vehicle cancellation to the taxicab business if the taxi- cab business does not return the decal within 2 business days. 10. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 4, enti- tled "Vehicle Inspection Required," Subsection B is amended by delet- ing the last two sentences and inserting in lieu thereof the following sentence: After re -inspection and determina- tion that the vehicle meets the stan- dards of mechanical fitness, a new decal will be issued and charged as established by council resolution. 11. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 5, enti- tled "State Chauffeur's License Required," is amended by deleting it in its entirety and substituting the following new section in lieu thereof: No person shall operate a motor- ized taxicab, including a pedicab that is assisted or supplemented with a motor, on the streets of the city, no person who owns or con- trols a motorized taxicab shall per- mit it to be so driven, and no motor- ized taxicab licensed by the city shall be so driven for hire unless the driver of such motorized vehicle shall have first obtained and shall have then in force a chauffeur's license issued under the provisions of the code of Iowa, as amended. 12. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 6, enti- tled "Driver Requirements," is amended by adding the following new Subsection E: Each driver shall maintain manifest logs for 60 days and provide the manifest logs to the City upon request. Each driver shall keep in the taxicab the manifest logs for the current shift. 13. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 7, enti- tled "Rates; Hours; Complaints," Subsection Al is amended by deleting the last sentence. 14. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 9, enti- tled "Vehicle Stand," is amended by deleting it in its entirety. 15. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 10, entitled "Terms of Decals and Authorization; Renewals," is amended by deleting the last sen- tence in Subsections A and C in their entirety. Kt lS v `a 16. Title 5, entitled "Business and License Regulations," Chapter 2, entitled "Taxicabs," Section 13, entitled "Revocation of Licenses and Permits," is amended by delet- ing it in its entirety and substituting the following in lieu thereof: Licenses and authorizations issued under this chapter may be revoked or suspended as provided in sec- tion 5-1-5 of this title. 17. Title 9, entitled "Motor Vehicles and Traffic," Chapter 4, entitled "Parking Regulations," Section 10, entitled "Parking for Loading and Unloading," Subsection D, "entitled Public Carrier Stops and Stands," is amended by deleting Paragraph 2b in its entirety and substituting the following in lieu thereof: Taxicabs: The driver of a taxicab may temporarily stop in accordance with other stopping or parking regu- lations at any place while actually engaged in the expeditious loading or unloading of passengers. SECTION Il. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall become effec- tive May 31, 2014. Passed and approved this 4th day of March, 2014.. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc -6000032747 March 13, 2014 � r • ® Al��11 CITY OF IOWA CITY 410 East Washington Strcct Iowa City, Iowa S2240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4574, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 4th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on March 13, 2014. Dated at Iowa City, Iowa, this 15th day of April 2014. Julie --K. Voparil Deputy City Clerk SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 4th day of March, 2014 s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000032708 March 13, 2014 OFFICIAL PUBLICATION Printer's Fee �P`�1 l ORDINANCE NO: 14-4574 CONSIDER AN ORDINANCE CERTIFICATE OF PUBLICATION AMENDING TITLE 1, "ADMINISTRATION", CHAPTER 8, "ADMINISTRATIVE SERVICE STATE OF IOWA, DEPARTMENTS", SECTION 1-8- 1, "ADMINISTRATIVE SERVICE DEPARTMENTS ORGANIZED" TO UPDATE THE TITLES OF JOHNSON COUNTY, SS: DEPARTMENTS AND THE HEADS THEREOF AND TO EXTEND THE POWERS AND DUTIES OF THE FORMER THE IOWA CITY PRESS-CITIZEN POSITIONS TO THE REVISED POSITIONS FED.ID#42-0330670 WHEREAS, restructuring within the City }1F_ organization to merge the Planning and Community Development and Housing and If Inspections Services Department into a single Neighborhood and Development Services Department being duly sworn , say that I am will result in name changes to departments their department the legal clerk of the IOWA CITY and he d; andWHEREAS, during PRESS-CITIZEN, a newspaper the City Council's budget work session, the in said county, and merger of the two departments was identified as enhancing prog- published copy of ress toward the City Council's stra- tegic plan goals; and that a notice, a printed WHEREAS, the City Manager rec- which is hereto attached, was ommends this ordinance amend- ment to accurately reflect the in said paper 4— names of departments and the published titles of said department heads time(s), on the following date(s): within the City and to extend the and duties d powers of the former positions to the revised positions. \ l NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: r SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as fol- Legal Clerk lows: A. Title I, "Administration", Chapter 8, "Administrative Service Subscribed and sworn to Departments", Section 1-8-1, "Administrative Service this day of Departments Organized", shall be amended by striking "Department be�'A7re m ,�-�-• f A•D. 20D.- of planning and community devng /y /J opment" and "Director of planning and community development' , striking "Department of housing and inspection services" and "Director of housing and inspection services", and replacing with Notary Public "Department of neighborhood and development services" and RACHEL SHALLA "Director of neighborhood and development services"; Commission Number 781715 B. Title I, "Administration", Chapter "Administrative °z ', My Commission Expires 8, Service Departments", • "•T12/06/2016 Section 1-8-1, "Administrative p,NP Service Departments Organized", shall be further amended by adding the fol- lowing provision at the end Section 1-8-1: After March 4, 2014, any references to "Director of housing and inspection services" or "Director of planning and commu- nity development" shall mean the "Director of neighborhood and development services", with the latter having all the powers and duties granted to the former under the provisions of this code. SECTION ll. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication. Passed and approved this 4th day of March, 2014 s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000032708 March 13, 2014 � r �t �III" �► +e ®I�� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4575, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 3, 2014. Dated at Iowa City, Iowa, this 22nd day of May 2014. Julie --k. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to be r m this _L0_ day of 20. Notary Public �00AI RACHEL SHALLA Commission Number 781715 My Commission Expires Z aw* 129WM16 OFFICIAL PUBLICATION ORDINANCE NO. 14-4575 ORDINANCE REZONING APPROXIMATELY 1.45 ACRES LOCATED AT THE SOUTHWEST CORNER OF CLINTON STREET AND BURLINGTON STREET FROM CENTRAL BUSINESS SUPPORT (CB -5) TO INSTITUTIONAL PUBLIC (P-2). (REZ43-00926) 1VHEREAS, the Qty f Iowa City, !all behalf of ti%'400daht, The iIiyersity of IGt ruested a rezoning of property located at the southwest corner of Clinton Street and Burlington Street from Central Business Support (CB -5) to Institutional Public (P-2); and WHEREAS, the University of Iowa School of Music will be construct- ed on the property; and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for the location of the music school; and WHEREAS, the University of Iowa -owned parcel,will be in com- pliance with Section 14-2F of the Zoning Ordinance; _ WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL, Property described below is hereby reclassi- fied from its current zoning desig- nation of Central Business Support (CB -5) to Institutional Public (P-2): LEGAL DESCRIPTION Beginning at the NE Corner of Block 101; thence West 195 feet; thence South 130 feet; thence East 25 feet; thence North 10 feet; thence East 170 feet; thence North 120 feet to the Point of Beginning; all in the City of Iowa City, Johnson County, Iowa. All of Lot 3; Lot 2 except the north 40 feet thereof; and Lot 4 except the south 70 feet thereof; all in Block 101 of the City of Iowa City, Johnson County, Iowa. SECTION 11. ZONING MAP The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDING('. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION .SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or ,unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DAL This Ordinance shall be in effect after its final passage, approval and• publication, as provided by law. Passed and approved this 25th day of March, 201 Mayor Attest Po 60WO 2 April 3, 2014 r =s6a - 4% CITY OF IOWA CITY 410 East Washington Strcct Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX %vww. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4576, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 3, 2014. Dated at Iowa City, Iowa, this 22nd day of May 2014. K. Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION .STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED-ID#42-0330670 being duly sworn,say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, I as published in said paper time(s), on the following date(s): Legal Clerk Subscribed and sworn to be a me this .�..— day �fJ .D. 2ry_• Notary Public SPa1A<s RACHEL SHALLA o a Commission Number 781715 ?* My Commission Expires owP 12/06/2016 OFFICIAL PUBLICATION ORDINANCE NO. 14-4576 ORDINANCE REZONING .54 ACRES OF PROPERTY FROM NEIGHBORHOOD STABILIZATION RESIDENTIAL (RNS-20) ZONE TO INSTITUTIONAL PUBLIC (P-2) ZONE LOCATED AT 109 RIVER STREET (REZ13-00027) WHEREAS, the City of Iowa City, on behalf of the applicant, The University of Iowa, has requested a rezoning of property located at 109 River Street from Neighborhood Stabilization Residential (RNS-20) to. Institutional Public (P-2); and WHEREAS, the University of Iowa Visual Arts Building will be constructed on the property; and 'WHEREAS, the University of Iowa -owned parcel will be in compliance with Section 14-2F of the Zoning Ordinance; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: y ECTION I APPROVAL. Property described below is hereby r. -classified from its current zoning designation of Neighborhood Stabilization Residential (RNS-20) to Institutional Public (P-2): LEGAL DESCRIPTION Lots 19 and 20 and the easterly Y, of the vacated alley abutting Lots 19 and 20, all in Block Nine (9) in Manville Heights Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 2, Page 4, Plat Records of Johnson County, Iowa RECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of March, 2014. MAYOR ATTEST C J CI CLERK PC-6000033458 April 3, 2014 III ®i�4 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4577, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 25th day of March, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on April 3, 2014. Dated at Iowa City, Iowa, this 22nd day of May 2014. Julie K. Voparil T Deputy City Clerk Printer's Fee li_. a -- CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-<0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): Legal Clerk Subscribed � and sworn to E:ad!ay of_4'-- Notary Public p1 A( RACHEL SHALLA ~P 1P Commission Number 781715 z My Commission Expires ,o P 12106/2016 OFFICIAL PUBLICATION NOTICE ORDINANCE NO. 14-4577 ORDINANCE REZONING APPROXIMATELY 49.5 -ACRES OF PROPERTY FROM OFFICE RESEARCH PARK (ORP) ZONE TO RESEARCH DEVELOPMENT PARK (RDP) ZONE LOCATED AT 2510 N. DODGE STREET (REZ14-00001) WHEREAS, the applicant, NCS Pearson, has requested a rezoning of property located at 2510 N. Dodge Street from Office Research Park (ORP) to Research Development Park (RDP); and WHEREAS, the Comprehensive Plan indicates that property is appropriate for either ORP or RDP zoning; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL, Property described below is hereby reclassi- fied from its current zoning desig- nation of ORP.to RDP: W 1/2 of the SW 1/4 of Section 36-80-6, except that part thereof condemned by Iowa State Highway Commission and further excepting therefrom those par- cels conveyed to the City of Iowa City, Iowa pursuant to Deeds recorded in Book 1075, Pages 406 and 408 of the Johnson County, Iowa, Recorder's Office. SECTION II. ZONING MAP. The Building Inspector is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final . passage, approval and publication of this ordinance by law. SECTION Il, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa at, the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole of any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI, EFFECTIVE DATE; This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 25th day of March, 2014. Mayor Attest: 7 ity Clerk Pc -6000033457 April 3, 2014 � r :m let, % CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4578, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of April, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 10, 2014. Dated at Iowa City, Iowa, this 22nd day of May 2014. Voparil Deputy City Clerk Printer's Fee $_fJA:_ CERTIFICATE OF PUBLICATION ,STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, as published in said paper time(s), on the following date(s): Legal Clerk Subscrib nd sworn to be e mle this day f Notary Public kvauts RACHEL SHALLA o Commission Number 781715 My Commission Expires /Qwl' 12/06/2016 OFFICIAL PUBLICATION types of alcohol or alcoholic beverages that can be sold ORDINANCE NO. 14-4578 is considered an enlarge - AN ORDINANCE AMENDING ment/expansion of the use. TITLE 14: ZONING CODE For Group Living Uses, any CHANGING THE DEFINITION alteration that allows an OF "ENLARGEMENT/ increase in the number of EXPANSION' SO THAT, FOR residents is considered an A NONCONFORMING enlargement/expansion of DRINKING ESTABLISHMENT, the use. For nonconforming AN ALTERATION OR drinking establishments, ADDITION TO A neither sidewalk cafes nor COMMERCIAL KITCHEN any alteration or addition to THAT DOES NOT RESULT IN a commercial kitchen that AN INCREASE IN THE does not result in an ALLOWABLE OCCUPANCY increase in the allowable LOAD WILL NOT BE occupancy load shall be CONSIDERED AN considered an enlargement/ ENLARGEMENT/ expansion of the use. EXPANSION OF THE USE. SECTION ll. REPEALER. All WHEREAS, the City has ordinances and parts of ordi- established a separation nances in conflict with the pro - requirement between drinking visions of this Ordinance are establishments in certain areas hereby repealed. of the city for the purpose of SECTION III. SEVERABILITY. decreasing the overconcentra- If any section, provision or part tion of drinking establishments of the Ordinance shall be and preventing new concen- adjudged to be invalid or trations from occurring; and unconstitutional, such adjudi- WHEREAS, existing drinking cation shall not affect the establishments that are not in validity of the Ordinance as a compliance with the required whole or any section, provision separation distance from other or part thereof not adjudged drinking establishments are invalid or unconstitutional. considered nonconforming SECTION IV. EFFECTIVE uses; and ' DATE. This Ordinance shall be WHEREAS, nonconforming in effect after its final passage, uses are not allowed to be approval and publication. expanded or enlarged; and Passed and approved this 1 st WHEREAS, an enlargement day of April, 2014. of a commercial kitchen in. a nonconforming drinking estab- lishment where there is no MAYOR increase in the allowable occu- pancy of the drinking estab- ATTEST: � lishment moves the noncon- CITY CLERK forming use closer to a con- forming use by increasing the capacity to serve food and may decrease the number of nonconforming uses overtime; April 10, 2014 WHEREAS, it is in the public ao_6aowa9 interest to allow such expan- sions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Deleting the definition of "Enlargement/Expansion" in Article 14-9A, and substituting in lieu thereof: ENLARGEMENT/ EXPANSION: An increase in the volume of a building, an increase in the area of land or building occupied by a use, an increase in the num- ber of bedrooms within a dwelling unit or an increase in the number of dwelling units. For non-residential buildings an increase in the occupancy load of a build- ing is considered an enlarge- ment/expansion. For Alcohol Sales -Oriented Retail Uses, any change in the type of liquor license that would increase the W-W..®�r CITY OF IOWA CITY 410 East Washington Strcet Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4579, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 1st day of April, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on April 4, 2014. Dated at Iowa City, Iowa, this 22nd day of May 2014. \\ v Julie-KVoparil Deputy City Clerk (I � rr t"\ Printer's Fee $_`I :Z2L_ ) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ( time(s), on the following date(s): Legal Clerk Subscribffed and sworn to bef a me this _L.__.-- day f A.D. 0,..• Notary Public �k RACHEL SNALLA Commission Number 781715 +eve My Commission Expires 12==16 OFFICIAL PUBLICATION SECTION I. AMENDMENTS. ORDINANCE NO. 14-4579 TITLE 4, ALCOHOLIC BEVERAGES, ORDINANCE AMENDING TITLE CHAPTER 5, PROHIBITIONS AND 4, ALCOHOLIC BEVERAGES, RESTRICTIONS, SECTION 8, CHAPTER 5, PROHIBITIONS PERSONS UNDER THE LEGAL AND RESTRICTIONS, SECTION AGE IN LICENSED OR PERMITTED 8, PERSONS UNDER THE LEGAL ESTABLISHMENTS, SUBSECTION AGE IN LICENSED OR B, PARAGRAPH (3)(a) is hereby PERMITTED ESTABLISHMENTS, amended by adding the following SUBSECTION B, TO CLARIFY language at the end of the subpara- THE REQUIREMENTS FOR graph: Furthermore, no certificate will be ISSUANCE OF ALL EXCEPTION issued to the establishment if any of CERTIFICATES; AND TITLE 4, the following is true: ALCOHOLIC BEVERAGES, (1) Where a preponderance of the CHAPTER I, DEFINITIONS, SECTION 1, DEFINITIONS OF evidence shows that the licensee, WORDS AND TERMS TO permittee, or any employees or CLARIFY THE DEFINITION OF A agents thereof, sold, gave, or deliv- "PERFORMER" UNDER THE ered alcohol to any patron under ORDINANCE. the legal drinking age more than WHEREAS, under the current ordi- once within the last five (5) years; or nance, entertainment venues and (2) Where continued operation those holding exceptipn certificates under the exception certificate which sell, give, or deliver alcohol to would be detrimental to the safety, any patron under the legal drinking health, and welfare of the residents age more than once within any five of the city. year period are subject to revoca- TITLE 4, ALCOHOLIC BEVERAGES, tion of their entertainment venue CHAPTER 5, PROHIBITIONS AND status; and RESTRICTIONS, SECTION 8, WHEREAS, under the current ordi- PERSONS UNDER THE LEGAL nance, entertainment venues and AGE IN LICENSED OR PERMITTED those holding exception certificates ESTABLISHMENTS, SUBSECTION whose continued operation as such B, PARAGRAPH (7)(a) is hereby would be detrimental to the safety, amended by deleting the"." at the health, and welfare of the residents end of subparagraph (13), and sub - of the City are subject to revocation stituting'; and"; as well as adding of their status; and the following subparagraphs: WHEREAS, while either of these (14) The venue's licensee, permit - two delineated- circumstances may tee, or any employees or agents lead to the revocation of entertain- thereof, has not sold, given, or ment venue or exception certificate delivered alcohol to any patron status, neither is explicitly listed so under the legal drinking age more as to prohibit the issuance of new than once within the last five (5) certificates; and years; and WHEREAS, it is, and always has (15) Granting the venue entertain - been, Council's intent that these ment venue status would not be requirements apply not only to cur- detrimental to the safety, health, rent entertainment venues and and welfare of the residents of the exception certificate holders, but city. new ones as well; and These requirements apply to all WHEREAS, Council wishes to limit pending and future applications for the denial or revocation of these entertainment venue exception cer- certificates related to delivery of tificates. alcohol to minors to the most recent TITLE 4, ALCOHOLIC BEVERAGES, five years at the time of application, CHAPTER 5, PROHIBITIONS AND instead of any five year period in the RESTRICTIONS, SECTION 8, history of the establishment; and PERSONS UNDER THE LEGAL WHEREAS, Council made clear in AGE IN LICENSED OR PERMITTED its definition of "Performer" that ESTABLISHMENTS, SUBSECTION disk jockeys (DJs) would not be B, PARAGRAPH (7)(d) is hereby considered "Performers", confusion amended by deleting subparagraph has arisen over what constitutes a (d)(1) in its entirety, and substituting DJ; and the following: WHEREAS, Council wishes to clari- (1) Where a preponderance of the fy, by defining a DJ as anyone evidence shows that the licensee, advertised or marketed as a DJ, or permittee, or any employees or playing pre-recorded music outside agents thereof, sold, gave, or deliv- performances of theater; and ered alcohol to any patron under WHEREAS, Council wishes for the legal drinking age more than these amendments to apply to all once within the last five (5) years; or pending and future applications TITLE 4, ALCOHOLIC BEVERAGES, and all present and proposed enter- CHAPTER 1, DEFINITIONS, tainment venues and exception SECTION 1, DEFINITIONS OF certificate holders; and WORDS AND TERMS is hereby WHEREAS, it is in the best interest amended by deleting the last of the City to adopt this amend- unnumbered paragraph under the ment. definition of "PERFORMER'; and NOW, THEREFORE, BE' IT substituting the following language: ORDAINED BY THE CITY COUNCIL For purposes of this title, disk jock - OF THE CITY OF IOWA CITY, eys (DJs) are not considered per - IOWA: formers: Anyone marketed or --- advertised as a DJ shall be consid- ered a DJ. Also, anyone playing pre-recorded music outside perfor- mances of theater shall be consid- ered a DJ. SECTION 11. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not -affect the validity oAthe Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective upon publication. Passed and approved this 1st day of April, 2014 MAYOR ATTEST. 1C. CITY CLERK April 4, 2014 � r � .P mOtt A$ affig CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX v-vww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4580, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 15, 2014. Dated at Iowa City, Iowa, this 9th day of June 2014. Ju I Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, s that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper __J,__ time(s), on the following date(s): Legal Clerk Subscribed and sworn to b ' re me this _t�___. day of A.D. 20�. fzv Notary Public a At RACHEL SHALLA oPs> Commission Number 781715 My Commission Expires owP 12(0612016 OFFICIAL PUBLICATION ORDINANCE NO. 14-4580 AN ORDINANCE CONDITIONALLY REZONING 8.7 ACRES OF PROPERTY FROM. NEIGHBORHOOD COMMERCIAL (CN -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE LOCATED WEST OF MORMON TREK BOULEVARD, NORTH OF WESTWINDS DRIVE. (REZ12- 00001) WHEREAS, the applicant, Southgate Development Services, L.L.C., has requested a rezoning of property located west of Mormon Trek Boulevard and north of Westwinds Drive from Neighborhood Commercial (CN -1) to Community Commercial (CC -2); and WHEREAS, the Comprehensive Plan -Southwest District Plan indi- cates that the subject property is appropriate for community com- mercial use; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and has recommended approval with con- ditions limiting outdoor storage, freestanding signs, and drinking establishments in order to ensure that the commercial area remains compatible with the surrounding established residential neighbor- hood; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an appli- cant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners and appli- cant have agreed that the condi- tions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Neighborhood Commercial (CN -1) to Community Commercial (CC -2): SECTION II, ZONING MAP. The building official is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of the ordinance as approved by law. ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII EFFECTIVE DAT This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of May, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT, THIS AGREEMENT is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Walden Square Investments, LC; University of Iowa Community Credit Union; and Fareway Stores, Inc., (hereinafter collectively referred to as "Owners"). WHEREAS, Owners are the legal title holders of approximately 8.70 acres of property located west of Mormon Trek Boulevard and north of Westwinds Drive; and WHEREAS, the Southgate Development Services, L.L.C., requested the rezoning of said property from Neighborhood Commercial (CN -1) to Community Commercial (CC -2); and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding outdoor storage, freestanding signs, and drinking establishments, the requested zon- ing is consistent with the Comprehensive Plan and compati- ble with the surrounding estab- lished residential neighborhood; and WHEREAS, the conditions con- trolling building design, outdoor storage, freestanding signs, and drinking establishments, are intended to minimize externalities that may conflict with adjacent residential uses and to ensure the shopping center continues to serve the neighborhood and function as an asset to the surrounding resi- dential uses: and • The occupancy load for any new drinking establishment will not exceed one hundred WHEREAS, Iowa Code §414.5 (100) unless a special excep- tion is approved allowing an (2013) provides that the City of increase t a maximum of one Iowa City may impose reasonable t conditions on granting an appli- cant's rezoning request, over and 4. The Owners and City acknowl- above existing regulations, in order edge that the conditions Ion- to satisfy public needs caused by tained herein are reasonable the requested change; and conditions to impose on the WHEREAS, the Owners acknowl- land under Iowa Code §414.5 ,and that said conditions edge that certain conditions and satisfy public needs that are satisfy restrictions are reasonable to caused by the requested zoning ensure the development of the e change. property is consistent with the Comprehensive Plan and the need 5. The Owners and City acknowl- for compatibility with the surround- edge that in the event the sub- ing residential neighborhood; and ject property is transferred, sold, WHEREAS, the Owners agree to redeveloped, or subdivided, all redevelopment will conform with develop this property in acco the terms of this Conditional dance with the terms and condi- Zoning Agreement. tions of a Conditional Zoning Agreement. 6. The parties acknowledge that NOW, THEREFORE, in consider- this Conditional Zoning Agreement shall be deemed to ation of the mutual promises con- a covenant running with the tained herein, the parties agree as la land and with title to the land, follows: and shall remain in full force and 1. Walden Square Investments LC effect as a covenant with title to the land, unless or until released is the legal title holder of the record by the City of Iowa property legally described as City. Ci Lot 5, Walden Square Part Tow The parties further acknowledge as recorded in Plat Book 33, that this agreement shall inure to Page 226. 9 the benefit of and bind all suc- University of Iowa Community Credit Union is the legal title cessors, representatives, and holder of the property legally assigns of the parties. described Walden Square Part 7. The Owners acknowledge that Two as recorded in Plat Book nothing in this Conditional 33, Page 226. Fareway Stores Inc. is the legal Zoning Agreement shall be con- strued to relieve the Owners or title holder of property legally Applicant from complying with described as Lot 4 Walden all other applicable local, state, Square Part Two as recorded in and federal regulations. Plat Book 33, Page 226 2. The Owners acknowledge that 8. The parties agree that this Conditional Zoning Agreement the City wishes to ensure con- shall be incorporated by refer- formance to the principles of the once into the ordinance rezoning Comprehensive Plan and the the subject property, and that Southwest district plan. Further, upon adoption and publication the parties acknowledge that of the ordinance, this agreement Iowa Code §414.5 (2013) pro- shall be recorded in the Johnson vides that the City of Iowa City County Recorder's Office at the may impose reasonable condi- expense Walden Square tions on granting an applicant's Investmentss,, LC. rezoning request, over and above the existing regulations, Dated this 6th day of May, 2014 in order to satisfy public needs caused by the requested City of Iowa City change. 3. In consideration of the City's rezoning the subject property, Matthew J. Hayek, Mayor Owners and Applicant agree that development of the subject -y f nw,.e.)7v. eat4,) property will conform to all other requirements of the zoning Attest: Marian K. Karr, City Clerk chapter, as well as the following conditions: Welden Square Investments LC By: Southgate Development • Future development or rede- Services L.L.C. velopment must adhere to the CN-1 standards for Outdoor Storage and Display and — - Building Design (Iowa City Jo h T Braverman, resident Code of Ordinances Sections 14-2C-7K through 0, as amended);��..;�.a • Any outdoor display shall be Fareway Stores, Inc. limited to 1,000 square foot; • Development of the property ��ll shall be limited to the one existing freestanding sign; University of Iowa Community Credit Union PC-s 035124 May 15, 2014 A q, 'P !Mwk%-. -•'t..s._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX %vww. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4581, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 15, 2014. Dated at Iowa City, Iowa, this 9th day of June 2014. Julie K\Voparil Deputy City Clerk Printer's Fee CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, C, i f being duly sworn, say at I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _1____ time(s), on the following date(s): Legal Clerk Subscribed and sworn to bef a me this �_ day of A . 20�.. Notary Public .PgiA4 S RACHEL SHALLA o D Commission Number 781715 T My Commission Expires owP 12/06/2016 OFFICIAL PUBLICATION ORDINANCE NO. 14-4581 ORDINANCE AMENDING TITLE 9, ENTITLED "MOTOR VEHICLES AND TRAFFIC," CHAPTER 3, ENTITLED "RULES OF THE ROAD," SECTION 6, ENTITLED "SPEED RESTRICTIONS", SUBSECTION B, ENTITLED "EXCEPTIONS" WHEREAS, City Code Section 9-3- 6(B) currently defines speed limits for Lower West Branch Road; and WHEREAS, it is in the best interest of the City to define maximum allowable speeds for all vehicles on public streets and highways; and WHEREAS, Lower West Branch Road east of Hummingbird Lane has limited access points, little turning traffic, design speed that would support a 35 mph speed limit, and daily traffic count of less than 1,000 vehicles per day; and WHEREAS, a traffic study was completed which indicates the 85th percentile speeds (considered to be that of a safe and reasonable motorist) on this section of Lower West Branch Road is over 35 mph; and WHEREAS, the Public Works, Police, Fire and Planning depart- ments concur that the Lower West Branch Road speed limit can be safely increased from 25 mph to,35 mph from a point east of Hummingbird Lane to the eastern city limits as defined below; and WHEREAS, this section of Lower West Branch Road is partially located outside of the corporate limits, therefore the Board of Supervisors is also considering approval of this speed limit change; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENTS. 1. Title 9, entitled "Motor Vehicles and Traffic," Chapter 3, entitled "Rules of the Road," Section 6, entitled "Speed Restrictions," Sub - Section B, entitled "Exceptions" is hereby amended by adding the following language: Name of Street Lower West Branch Where Limit Applies From a point 260 feet east of the Hummingbird Lane to 150 feet west of Brentwood Drive, and from a point 200 feet east of Broadmoor Lane to the centerline of Taft Avenue SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE, This Ordinance shall be effective upon publication. Passed and approved this 6th day of May, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC-aoo 5125 May 15, 2014 ' r 1 CITY OF IOWA CITY 410 East Washington Strcet Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www. icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4582, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 6th day of May, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 15, 2014. Dated at Iowa City, Iowa, this 9th day of June 2014. Ju I . Voparil Deputy City Clerk Printer's Fee $i CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 f being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper I time(s), on the following date(s): Legal Clerk Subscribed and sworn to befotejme this jS _ day of t2zA. .201V— a: 201_. Notary Public RACHEL SHALLA ~P s Commission Number 781715 z� r My Commission Expires ,c P 1210612016 OFFICIAL PUBLICATION ORDINANCE NO. 14-4582 ORDINANCE AMENDING TITLE 17, ENTITLED "BUILDING AND HOUSING," CHAPTER 4, ENTITLED "MECHANICAL CODE," BY AMENDING THE INTERNATIONAL MECHANICAL CODE, 2009 EDITION, TO REGULATE COMMERCIAL KITCHEN HOOD TERMINATION LOCATIONS. WHEREAS, the noise levels from commercial kitchen exhaust fans may have a detrimental effect on the quality of life in residential neighborhoods and may hinder efforts to preserve historic neigh- borhoods; WHEREAS, the Mechanical Code currently allows commercial kitchen exhaust to terminate on the side of buildings provided there is enough clearance to the property line; WHEREAS, by restricting commer- cial hood exhaust terminations to roofs, except where an exhaust could terminate at an exterior wall that is adjacent to an alley would mitigate the noise and aesthetic impacts of commercial hood exhaust systems by encouraging building owners to build in hood termination locations that would allow for future restaurant tenants in new buildings; WHEREAS, the same restrictions would apply to existing buildings where a change in use requires the installation of a commercial hood and exhaust; and WHEREAS, this ordinance furthers the health, safety and welfare of the City and is in the best interest of the City to adopt this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I AMENDMENTS. Title 17, entitled "Building and Housing," Chapter 4, entitled "Mechanical Code," Section 3, enti- tled "Amendments to Code," is amended by deleting the current amendment to Section 506.3.12.3 and by adding the following new amendments to the 2009 edition of the International Mechanical Code: A. Section 506.3.12.2. Delete Section 506.3.12.2 and insert in lieu thereof the following: 506.3.12.2 Termination through an exterior wall. Exhaust out- lets shall be permitted to termi- nate through exterior walls in accordance with 506.3.12.3, where the smoke, grease, gases, vapors and odors in the discharge from such termina- tions do not create a public nuisance or a fire hazard. Such terminations shall not be locat- ed where protected openings are required by the International Building Code. Other exterior openings shall not be located within 3 feet (914 mm) of such terminations. B. Section 506.3.12.3. Delete Section 506.3.12.3 and insert in lieu thereof the following: 506.3.12.3 Termination loca- tion. Exhaust outlets for new construction, Change of Occupancy, or change of use, shall terminate above roof level and may not terminate at, nor pass through, an exterior wall except where exhaust outlets terminate or encroach an alley right of way per 3202.3.2 of the International Building Code. Exhaust outlets shall be locat- ed not less than 10 feet (3048 mm) horizontally from parts of the same or contiguous build- ings, adjacent buildings and adjacent property lines and shall be located not less than 10 feet (3048 mm) above the adjoining grade level. Exhaust outlets shall be located not less than 10 feet (3048 mm) hori- zontally from or not less than 3 feet (914 mm) above air intake openings into any building. Where the exhaust outlet fronts an alley, the measurement may be taken from the centerline of the alley. Exception: Exhaust outlets shall terminate not less than 5 feet (1524 mm) from parts of the same or contigu- ous building, an adjacent build- ing, adjacent property line and air intake openings into a build- ing where air from the exhaust outlet discharges away from such locations. C. Section 506.4.2. Delete Section 506.4.2 and insert in lieu there- of the following: Section 506.4.2 Type II terminations. Exhaust outlets serving Type II hoods shall terminate in accor- dance with the hood manufac- turer's installation instructions and shall comply with all of the following: 1. Outlets for new construction, Change of Occupancy, or change of use, shall terminate above roof level and may not terminate at, nor pass through, an exterior wall, except where exhaust outlets terminate or encroach an alley right of way per 3202.3.2 of the International Building Code. 2. Exhaust outlets shall termi- nate not less than 3 feet (914 mm) in any direction from openings into the building. 3. Outlets shall terminate not less than 10 feet (3048 mm) from property lines or buildings on the same lot. 4. Outlets shall terminate not less than 10 feet (3048 mm) above grade. 5. Outlets that terminate above a roof shall terminate not less than 30 inches (762 mm) above the roof surface. 6. Outlets shall terminate not less than 30 inches (762 mm) from exterior vertical walls 7. Outlets shall be protected against local weather condi- tions. 8. Outlets shall not be directed onto walkways. 9. Outlets shall meet the provi- sions for exterior wall opening protectives in accordance with the International Building Code. SECTION II REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 6th day of May 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC -6000035128 May 15, 2014 1 r i #, .,I CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4583, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 29, 2014. Dated at Iowa City, Iowa, this 9th day of June 2014. Jul1 . Voparil Deputy City Clerk Printer's Fee SSs CERTIFICATE OF puBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 a being duly sworn, ay that I am the legal clerk of the IOWA CITY pRBSS-CITIZEN, a newspaper published in aid county, and that a notice, a printed copy of which is hereto attached, w as published in said paper _ - time(s), on the following date(#): 4, 1� Legal Clerk Subscribed and sworn to b fore me this .2- day �o�f/ .D. 20• Notary Public Pa,AZ RACHEL SHALLA "V619,00 Commission Number 781715 * - ': My Commission Expires ,o, w 12/06/2016 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 14-4583 ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES, AND PENALTIES," SECTION 5, ENTITLED "SOLID WASTE DISPOSAL," OF THE CITY CODE TO INCREASE OR CHANGE RESIDENTIAL SOLID WASTE COLLECTION FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City provides certain solid waste collection and disposal services; and WHEREAS, it is in the public Interest to Increase certain fees and charges associated with said solid waste collection and disposal services, and to clarify the language pertaining to those fees; and WHEREAS, the Iowa City City Council proposes to increase residential solid waste collection fees by $.40 per month or approximately 3.5% on the first full billing sent after the adoption and publication of this ordinance, to adequately finance operational costs; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. AMENDMENT. Title 3, entitled "City Finances, Taxation, and Fees," Chapter 4, entitled "Schedule of Fees, Rates, Charges, Bonds, Fines, and Penalties," Section 3-4-5, entitled "Solid Waste Disposal," of the Iowa City Code is hereby amended by: Removing the following section of the ordinance: Residential solid waste col- 16-3A-4, 16 -3H -9H lection Per dwelling unit, and 2 $15.50 rooming units, per month: $11.80 Solid Waste' $11.40 per refuse Per sticker for each addi- cart per month; $1.25 tional bag beyond each per sticker for addi- unit's monthly allotment tional bags Curbside rec clin per unit $4.10 and replacing it with the following section: Residential solid waste col- 16-3A-4, 16 -3H -9H lection fees: Curbsite house refuse: Per dwelling unit, per $11.80 month' Per sticker for each addi- $1.25 each tional bag beyond each unit's monthly allotment Additional refuse carts over $11.80 each one, per month Per 2 rooming units, per $15.90 month tin addition to the dwelling unit fees Curbside Recycling: Per dwelling unit, per $4.10 month SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV. EFFECTIVE DATE. This Ordinance shall be effective on July 1, 2014 after the adoption and publication of this ordinance. Passed and approved this 20th day of May, 2014. s/Matthew-J, Hayek, Mayor Attest: #/Julie Voparil, Deputy City Clerk Pc -9000035737 May 29, 2014 � r j CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (319) 3S6-5000 (319) 356-5009 FAX tvww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4584, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 20th day of May, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on May 29, 2014. Dated at Iowa City, Iowa, this 9th day of June 2014. J iVoparil Depu y City Clerk A. —["4a. Printer's Fee s_ULL::_— CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#424330670 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(#): 1q ___ Legal Clerk Subscribed and sworn to before me this, day of Notary Public "'"4 s RACHEL SHALLA 06i-, Commission Number 781715 My Commission Expires 12/06/2016 OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 14-4584 ORDINANCE AMENDING TITLE 3, ENTITLED "FINANCES, TAXATION AND FEES," CHAPTER 4, ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" ARTICLE 3, ENTITLED "POTABLE WATER USE AND SERVICE," OF THE CITY CODE TO INCREASE OR CHANGE WATER SERVICE CHARGES AND FEES. WHEREAS, pursuant to Chapter 384, Code of Iowa (2013), the City of Iowa City is authorized to estab- lish and provide for the collection of rates to pay for the City's utility systems, including the City's water supply and treatment system; and WHEREAS, the City's financial policies dictate that the Water fund shall be self-supporting; and WHEREAS, the City's current water rate structure does not pro- vide revenue to sufficiently fund the necessary water main replace- ments and water fund capital pro- gram; and WHEREAS, the Iowa City City Council intends to provide a water rate and fee structure that makes the City's water utility self-sustain- ing; and WHEREAS, to that end, the Iowa City City Council proposes to increase water user charges by 5% on July 1, 2014 and by 5% on July 1, 2015, and to increase other charges, as reflected below, on July 1, 2014 to recover the City's cost of providing those services, and WHEREAS, the City currently lists costs for variously sized water meters, which costs are the City's actual cost for those meters; and WHEREAS, the actual costs of those meters changes frequently, making it difficult to keep up with those costs when ordinance amendments are required for each such change; and WHEREAS, the City Attorney's Office has concluded the water meter costs need not be codified, but can be set by administrative rule by the Public Works Director, or designee, if authorized to do so by Council resolution; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. AMENDMENT. Title 3, Chapter 4, Section 3, entitled "Potable Water Use and Service," of the City Code is hereby amend- ed by deleting it in its entirety and replacing it as follows: 3-4-3: POTABLE WATER USE AND SERVICE: Description Of Fee, Charge, Bond, Amount of Fee, Charge, Bond, Fine Fine or Penalty Or Penalty Water service charges (see section Meter Size Charge 16-3A-4 of this code): Inches 7/1/2014 7/1/2015 For first 100 cubic feet or less of 5/8, 5/8 x 3/4, $6.73 $7.07 water used: 3/4, $7.35 $7.72 1, $8.67 $9.10 11/2, $17.29 $18.15 2, $23.25 $24.41 3, $42.96 $45.11 4, $74.94 $78.69 6 $150.79 $158.33 There will be no minimum monthly charge for a single purpose water meter for the months of November to march if no water is used. User charges for water in excess Monthly Charge per 100 of 100 cubic feet per month: Usage (Cubic cubic feet Eget 7/1/14 7/1/15 Dual purpose meters 101-3,000 $3.14 $3.30 Over 3.000 $2.26 $2.37 Single purpose meters Over 100 $3.14 $3.30 Other charges and discounts: Charge 7/1/14 7/1/15 Returned check/automatic bank $25.00 $25.00 debit for payment of city utility services, each Discount for combined accounts $1.00 41.00 enrolled in SurePay, per billing Temporary water use (see subsec- tion 16 -3A -4B of this code): During construction for the first 90 Charge per month days from the date of the connec- 7/1/14 7/1/15 tion to the water main for a. new water service or a maximum of 90 days for reconstruction: Single and two-family residences $15.75 $16.54 Multi -family residences $15.75 $16.54 Commercial structures $26.25 $27.56 After 90 days for any structure, $105.00 $110.25 until the water meter is installed Direct purchase of water fee, per Charge 7/1/2014 100 gallons or fraction thereof (see 7/1(2015 subsection 16 -3A -4C of this code Deposit and delinquency fee for whole or any section, provision or combined city water and/or sani- part thereof not adjudged invalid or tary sewer and/or solid waste col- unconstitutional. lection accounts (see section SECTION IV. EFFECTIVE DATE. 16-3A-5 of this code): This Ordinance shall be in effect Residential owner account $0.00 $0.00 Residential tenant account $120.00 $120.00 Commercial account An amount equal to an average 2 SECTION III. SEVERABILITY. If month billing for commercial ser- any section, provision or part of vice for city water and/or sanitary tl 1a Ordinance shall be adjudged sewer service, or $120.00, which- to be invalid or unconstitutional, ever is greater 5 percent delinquency charge on current billed portion of the outstand- ing amount on combined water and/or sanitary sewer and/or solid waste account that is no paid within 22 days of billing date. Delinquency deposit fee for com- An amount equal to an average 2 bined water and/or sanitary sewer month billing for the delinquent and/or solid waste collection, account accounts (see section 16-3A-5 of this code To connect water main extensions, Charge per acre 7/1/2014 7/1/2015 $415.00 $435.00 Service Fees Fee During Service Fee After Normal Normal Working Working Hours' Hours Reconnection of discontinued ser- $45.00 $80.00 vice Posting fee for shutting off water $45.00 Not done after nor - in collection procedure I mal working hours Frozen water meters $35.00, plus $80.00 plus cost of cost of meter meter Shut off water service at curb and No charge $80.00 plus hourly check for exterior leaks overtime rate beyond 2 hours Broken or damaged hydrant Repair cost $80.00 plus repair cost Location of city owned water main No charge No charge for other utilities Location of city owned water main No charge $80.00, plus hourly for private enterprise overtime rate beyond 2 hours Check water meter for accuracy at $77.00 Not done after nor - consumer's request mal working hours Annual fire hydrant fee for inspec- $91.00 Not done after por- tion and operation of fire hydrants mal working hours which are privately owned or owned by the other government agencies Note: 1. The water division's nor- whole or any section, provision or mal working hours are 7:OOAM. to part thereof not adjudged invalid or 3:30 P.M., Monday through Friday. unconstitutional. SECTION fL REPEALER. All ordi- SECTION IV. EFFECTIVE DATE. nances and parts of ordinances in This Ordinance shall be in effect conflict with the provisions of this July 1, 2014. Ordinance are hereby repealed. Passed and approved this 20th SECTION III. SEVERABILITY. If day of May, 2014. any section, provision or part of tl 1a Ordinance shall be adjudged s/Matthew J. Hayek, Mayor Attest: to be invalid or unconstitutional, s/Julie Voparil, Deputy City Clerk sucll adjudication shall not affect the validity of the Ordinance as a SIMEMENNIMMMENNIMMINININEENEMOMMMM PC -6000035]38 May 29, 2014 I VIM CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4585, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 12, 2014. Dated at Iowa City, Iowa, this 14th day of July 2014. K. Voparil Deputy City Clerk c� r A , i ti- L-A S v S rle-1 & ^ Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA9 JOHNSON COUNTY, 91 THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I E"fGs�S f being duly sworn, say that I am the legal clerk of the IOWA CITY pRES&CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper time(s), on the following date(s): � 1 Legal Clerk Subscribed and sworn to before me this day Of td22= Notary Public RACHM SHA«A { Commission Number 781719 .at t1y �,m 2MMlEires OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION REZONING ORDINANCE TO nate conservation districts, \4 V CJ Ir 6 �-. A- where deemed appropriate, as OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION REZONING ORDINANCE TO nate conservation districts, east 50'; Block 35, Lots 1-4 DESIGNATE THE where deemed appropriate, as and 6; Block 36, Lots 3-6 and GOOSETOWN/HORACE a means of preserving the the east 60' allot 1; Block 37, MANN CONSERVATION neighborhood character of tra- the north 75' allots 3 and 4, and DISTRICT AS A ditional Iowa City neighbor- the north 37.5' of Lots 1 and 2; CONSERVATION DISTRICT hoods, or for preserving areas Block 48, Lot 2, the north 115' OVERLAY (OCD) ZONE. that exemplify unique or dis- of Lot 1, and Lot 3 excluding (REZ14-00004) tinctive development patterns; the west 15' of the south 40'; WHEREAS, the applicant, the and Block 49, Lots 6-8; Block 50, Iowa City Historic Preservation WHEREAS, the Historic Lots 1-3; Block 52, Lots 5-8; Commission, has requested Preservation Commission Block 53, Lots 6-8; Block 54, approval of a rezoning to desig- believes that the designation of Lots 1, 2 and 8, and the east nate the Goosetown/Horace the Goosetown/Horace Mann 50' of Lot 3 Mann Conservation District Conservation District will help Overlay (OCD) zone for proper- stabilize the neighborhoods SECTION II. ZONING MAP. ties generally located on located within the district The Building Inspector is here- Ronalds, Church, Fairchild and boundary by providing for by authorized and directed to Davenport Streets from east of design review of exterior change the zoning map of the Linn Street to Governor Street changes, building demolition, City of Iowa City, Iowa, to con - including properties on Gilbert, and new construction, which form to this amendment upon Van Buren, Johnson, Dodge will assure compatibility with the final passage, approval and Lucas and Governor Streets, the existing character of the publication of this ordinance by and properties generally locat- district, and will preserve the law. ed on Bloomington, Market, neighborhood for future resi- SECTION III. CERTIFICATION and Jefferson Streets between dents of Iowa City; and AND RECORDING. Upon pas - Dodge and Governor Streets WHEREAS, the Planning and sage and approval of the including properties on Dodge, Zoning Commission believes Ordinance, the City Clerk is Lucas and Governor Streets; that designating the hereby authorized and directed and Goosetown/Horace Mann to certify a copy of this ordi- W H E R E A S , the Conservation District is in nance and to record the same, Comprehensive Plan encour- accordance with the at the office of the County ages the preservation of the Comprehensive Plan and the Recorder of Johnson County, integrity of existing neighbor- Zoning Code and has recom- Iowa, at the owner's expense, hoods and the historic nature mended approval of the desig- all as provided by law. of older neighborhoods; and nation. SECTION IV. REPEALER, All WHEREAS, the Iowa City NOW, THEREFORE, BE IT ordinances and parts of ordi- Historic Preservation Plan ORDAINED BY THE CITY nances in conflict with the pro - encourages the protection and COUNCIL OF THE CITY OF visions of this Ordinance are maintenance of Iowa City's his- IOWA CITY, IOWA: hereby repealed. toric resources and the desig- SECTION I APPROVAL. SECTION V. SEVERABILITY If nation of the Goosetown neigh- Property described below is any section, provision or part of borhood as a local conserva- hereby designated as a the Ordinance shall be tion district; and Conservation District Overlay adjudged to be invalid or WHEREAS, the Central (OCD) Zone, to be known as unconstitutional, such adjudi- District Plan encourages rein- the Goosetown/Horace Mann cation shall not affect the valid - vestment in residential proper- Conservation District: ity of the Ordinance as a whole ties and support of the Iowa or any section, provision or part City Historic Preservation Plan; LEGAL DESCRIPTION thereof not adjudged invalid or and unconstitutional. WHEREAS, the City's All of Blocks 6, 8, 15, 16, 17, SECTION VI. EFFECTIVE Strategic Plan contains the 18, 29, and 51 in the Original DATE. This Ordinance shall be goal of maintaining healthy Town Subdivision of Iowa City, in effect after its final passage, neighborhoods; and Johnson County, Iowa, and approval and publication, as WHEREAS, the establishment Block 5, Lots 1-7; Block 7, Lots provided by law. of a local conservation district 2-7 and the south 62.7' of Lot Passed and approved this 3rd would further aid the City's pol- 8; Block 9, Lots 2-7; Block 10, day of June, 2014. icies of preserving the historic Lots 5-8; Block 14, Lots 5-8; building stock; and Block 19, Lots 2-3, the north s/Matthew J. Hayek, Mayor WHEREAS, the Iowa City 50' allot 4, and the north 65' of Attest: s/Marian K. Karr, City Municipal Code authorizes the Lot 1; Block 28, Lots 1-4; Block Clerk Historic Preservation 31, the south 95' of Lot 5; Commission to recommend Block 34, Lots 5-7 and Lot 8 June 12, 2014 and the City Council to desig- excluding the north 55' of the I r j _= CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 3S6-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4586, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 13, 2014. Dated at Iowa City, Iowa, this 14th day of July 2014. J ' . Voparil Deputy City Clerk �)' 'D Printer's Pee $ `.._.---� CERTIFICATE OF PUBLICATION STATE OF IOWA9 JOHNSON COUNTY, SS: THE IOWA CI'T'Y PRESS-CMZEN FED.ID#42-0330670 being duly sworn, that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper �— time(s), on the following date(s): Legal Clerk Subscribed and sworn to b ore me this .D.� of Notary Public RACHEL SHALLA o Commission Number 781715 My Commission Expiros ,�►. 12106/2018 6113 Iowa City Press -Citizen OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO.14-4586 AN ORDINANCE AMENDING TITLE 14: ZONING, ADDING ARTICLE 14-2G, RIVERFRONT CROSSINGS FORM -BASED DEVELOPMENT STANDARDS, AND AMENDING OTHER PARTS OF TITLE 14 TO INTEGRATE THE FORM -BASED CODE On June 3, 2014, Council passed and adopted the above -titled Ordinance. The following is a summary of said Ordinance. The Ordinance can be inspected in the office of the City Clerk, 410 E. Washington Street, Iowa City, where the normal business hours are 8 a.m.-5 p.m., Monday -Friday. WHEREAS, the adopted 2013 Downtown and Riverfront Crossings Master Plan (2013 Plan) provides a vision, goals and objectives encourag- ing pedestrian -oriented, mixed-use redevelopment in the Riverfront Crossings District; and WHEREAS, one of the primary tools to implement the 2013 Plan's vision for the Riverfront Crossings District is the adoption and incorporation of form -based development standards into the Zoning Code to ensure new buildings are designed and located to create a walkable and sustainable urban neighborhood; and WHEREAS, because the form -based code will be incorporated into the existing Zoning Code, it is necessary to amend other articles and sections of the Zoning Code to ensure consistency and clarity regarding which generally -applicable zoning standards apply in the Riverfront Crossings Zones; and WHEREAS, furthermore, due to changes in parking policies and regula- tions since the Near Southside Neighborhood Parking Facility District Impact fee was enacted in 1992, it is in the interest of the City to eliminate said fee and update its parking policies and regulations in Downtown and Riverfront Crossings to reflect current market conditions and the 2013 Plan goals that encourage on-site parking for residential uses; and WHEREAS, the Downtown and Riverfront Crossings Parking District stan- dards are intended to provide an option for development that meets certain public goals to reduce on-site parking requirements through a payment of fees in lieu. Fees collected are intended to ensure that the increased devel- opment that results from this parking reduction bears a proportionate share of the capital improvement costs necessary to meet the additional parking needs caused by such development. This option will supplant the option to request a special exception for parking in a municipal parking facility, which has resulted in the unsustainable practice of transferring public parking to private entities at no cost; and WHEREAS, in response to the increased demand for fraternal group living uses (fraternities and sororities) it is in the best interests of the City to allow these uses at the previous density level of 1 resident per 300 square feet of lot area in the highest density multi -family zones (RM -44 and PRM Zones), but only by special exception to ensure they are designed and managed in a manner that provides a safe and healthy living environment for residents and will be compatible with surrounding residential uses; and WHEREAS, it is in the best interests of the City to clarify that student dormitories are a type of independent group living use and to establish special exception approval criteria that will allow this housing type as an option in the Riverfront Crossings District in a manner that provides a safe and healthy living environment for residents; and WHEREAS, it is in the interests of the City to establish consistent store- front window standards in zones where such windows are required, includ- ing the Riverfront Crossings Zones, Central Business Zones, Neighborhood Commercial Zone, and the Mixed Use Zone; and WHEREAS, after considerable deliberation and public discussion, the Planning and Zoning Commission has recommended approval of the Riverfront Crossings form -based development standards and other related amendments to the zoning code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Add "Riverfront Crossings Form -Based Development Standards" as a base zone to Title 14, Zoning Code, which is hereby summarized as fol- lows. This code establishes a distinct form -based zoning code the area known as the Riverfront Crossings District ("District"), as shown on the following map. This code divides the District into seven subdistricts, each having their own allowable frontage types, building types, and parking types, as described below. These new code standards only apply to properties rezoned to a Riverfront Crossings zoning designation. (1Z),, - k I 'I — L -es;- �i (, 11 � - _r� ,� � M I. SUBDISTRICTS A. The South Downtown, Park, South Gilbert, and University Subdistricts are intended for high intensity mixed-use development in buildings with active ground floor uses opening onto pedestrian -friendly streetscape. Buildings are designed with facades aligned along public sidewalks with parking and service areas located behind buildings in rear lot and mid -block locations. 1. Uses: The principal uses.allowed in these subdistricts are the same as allowed in the CB -5 Zone, with certain exceptions. Provisions and special exception approval criteria that apply in the CB -5 Zone also apply in these subdistricts, with certain exceptions. Provisions and special exception approval criteria that apply in the CB -5 Zone also apply in these subdistricts. Use restrictions apply to quick vehicle servicing uses, household living uses, multi -family uses, assisted group living uses, and residential uses. Residential occupancy is lim- ited to one "household" per dwelling unit. The maximum number of bedrooms per dwelling unit is three. There is no maximum residential density (units per acre), however, for Apartment Buildings, Multi - Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bed- room units per lot may not exceed 30% of the total number of units on the lot. Independent and Fraternal Group Living Uses are allowed by special exception in the South Downtown and University subdistricts. Residential occupancy is limited to 1 roomer per 300 square feet of floor area, not including floor area within a garage or structured parking area. In the Park and South Gilbert subdistricts, Drinking Establishments are only allowed in Required Retail Storefronts, as indicated on the regulating plan, and must meet the applicable Drinking Establishment spacing requirement. 2. Building Type and Placement: Principal buildings constructed on land zoned to one of these sub -districts shall be one of the following build- ing types: apartment buildings, multi -dwelling buildings; live -work townhouses in the South Gilbert and University subdistricts; commer- cial buildings, liner buildings, and civic or institutional buildings. Limitations regarding the building placement apply. 3. Building Height and Facade Step backs: In the South Downtown subdistrict, buildings shall be between 2 to 8 stories in height. In the Park, South Gilbert and University subdistricts buildings shall be between 2 to 6 stories in height. Single story buildings may be permit- ted in midblock locations in the South Gilbert subdistrict. Additional building height may be granted through transfer of development rights or through bonus height provisions as set forth in the Section 14 -2G - 7G, Building Height Bonus Provisions. Building heights may be further restricted by FAA regulations. Step -back requirements for upper floor building facades apply. 4. This Code sets forth certain building and frontage type regulations, as well as parking, loading, service area, and screening regulations spe- cific to these subdistricts. Accessory uses, buildings and structures shall comply with the provisions of Article 144C. However, there are more specific regulations regarding garages and parking structure location and construction. B. Central Crossings Subdistrict is intended for moderate intensity mixed-use development in buildings with entries opening onto pedestri- an -friendly public streets and streetscapes. Buildings are designed with facades aligned along primary streets and parking located in mid -block parking lots and structures Uses: The principal uses allowed in the Central Crossings Subdistrict are the same as allowed in the CB -5 Zone, with certain exceptions. Provisions and special exception approval criteria that apply in the CB -5 Zone also apply in the Central Crossings Subdistrict with certain exceptions. Use restrictions apply to quick vehicle servicing uses, household living uses, residential uses, and assisted group living uses. Residential occupancy is limited to one "household" per dwelling unit. The maximum number of bedrooms per dwelling unit is three. There is no maximum residential density (units per acre), however, for Apartment Buildings, Multi -Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bedroom units per lot may not exceed 30% of the total number of units on the lot. Residential occupancy is limited to 1 roomer per 300 square feet of floor area, not including floor area within a garage or structured parking area. Drinking Establishments are not allowed. Building Type and Placement. The following principal building types are allowed: townhouse, apartment buildings, multi -dwelling buildings, live -work townhouses; commercial buildinqs; mixed-use buildings; liner buildings; civic or institutional buildings. The placement of such buildings is subject to location regulations, including minimum and maximum setback limitations. 3. Building Height and Facade Stepbacks. Except as provided below, principal buildings shall be a maximum 4 stories in height. Additional building height may be granted through certain transfer of develop- ment rights or through bonus height provisions. Building heights may be further restricted by FAA regulations. Above the 3rd floor, step -back requirements apply. 4. This Code sets forth certain building and frontage type regulations, as well as parking, loading and service area limitations apply. Accessory uses, buildings and structures shall comply with the provisions of Article 14-4C, unless otherwise specified in the Riverfront Crossings Code. C. Gilbert Subdistrict is intended for lower intensity mixed-use develop- ment in buildings with street -facing entries opening onto pedestrian - friendly streetscapes. Buildings are designed with facades aligned along primary streets, modest setbacks, and parking located in mid -block parking lots. 1. Uses: The principal uses allowed in this subdistrict are the same as allowed in the CB -5 Zone. Provisions and special exception approval criteria that apply in the CB -5 Zone also apply in this subdistrict as set forth in Article 14-413, with certain exceptions. Use restrictions apply to household living uses and building trade uses. Residential occupancy is limited to one "household" per dwelling unit. The maximum number of bedrooms per dwelling unit is three. There is no maximum residential density (units per acre), however, for Apartment Buildings, Multi - Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bed- room units per lot may not exceed 30% of the total number of units on the lot. Residential occupancy is limited to 1 roomer per 300 square feet of floor area, not including floor area within a garage or structured parking area. Drinking Establishments are not allowed. 2. Building Type and Placement. The following Building Types are per- mitted in this subdistrict: Cottage Home, Rowhouse, Townhouse, Apartment Building, Live -work Townhouse, Commercial Building; Mixed Use Building, Liner Building; Civic or Institutional Building. The placement of these buildings are subject to specific limitations appli- cable to this subdistrict. 3. Building Height and Facade Stepbacks. Except as provided below, principal buildings shall be 3 stories max. in height. Additional building height may be granted through transfer of development rights or through bonus height provisions. Above the 3rd floor, set -back require- ments may apply. 4. This Code sets forth certain building and frontage type regulations, as well as parking, loading and service area limitations apply. Accessory uses, buildings and structures shall comply with the provisions of Article 144C, unless otherwise specified in the Riverfront Crossings Code. D. West Riverfront Subdistrict is intended for commercial and mixed- use development in buildings with street -facing entries opening onto streetscapes designed to provide a comfortable and attractive environ- ment for pedestrians buffered from vehicular traffic on Riverside Drive. Along the west side of Riverside Drive south of Benton Street, buildings are designed with facades fronting onto a pedestrian way and perpendicular parking aligned along a continuous north -south travel way allowing cross - parcel connections among adjacent sites and a reduction in curb cuts along Riverside Drive. Along the Iowa River, buildings are located, oriented, and designed to take advantage of river views. Along streets in this district, buildings are designed with facades aligned parallel to Riverside Drive, Benton Street, and Sturgis Corner Drive, with parking located in mid -block and side yard locations with front yard parking only along the west side of Riverside Drive south of Benton Street, and along some portions of Orchard Street and Highway 6. 1. Uses: The principal uses allowed in the West Riverfront Subdistrict are the same as allowed in the CB -5 Zone. Provisions and special excep- tion approval criteria that apply in the CB -5 Zone also apply in the West Riverfront Subdistrict, except as noted below. Restrictions apply to residential uses, building trade uses, assisted group living uses, house- hold living uses. Residential occupancy is limited to one "household" per dwelling unit. The maximum number of bedrooms per dwelling unit cs�. �,-\ - `o 1--,3' oma.. C'�,, -1 is three. There is no maximum residential density (units per acre), how- ever, for Apartment Buildings, Multi -Dwelling Buildings, and Mixed -Use Buildings, the number of 3 -bedroom units per lot may not exceed 30% of the total number of units on the lot. Residential occupancy is limited to 1 roomer per 300 square feet of floor area, not including floor area within a garage or structured parking area. Outdoor Commercial Recreational Uses are allowed by special exception. Drinking Establishments are allowed, subject to applicable distance separation requirements. 2. Building Type and Placement: The following Building Types are per- mitted in the West Riverfront subdistrict: row house; townhouse; apart- ment building; multi -dwelling building; live -work townhouse; commer- cial building; mixed-use building; liner building; civic or institutional building. The placement of these buildings are subject to specific limi tations applicable to this subdistrict. 3. Building Height and Facade Stepbacks: Principal buildings shall be a . maximum of 4 stories in height, except that principal buildings with frontage on the Iowa River may be a maximum 8 stories max. in height before application of bonus provisions. Above the 3rd floor, building step -back requirements may apply. Buildings with frontage on the Iowa River shall be exempt from the stepback requirement. 4. This Code sets forth certain building and frontage type regulations, s Accessory well as parking, loading and service area limitations apply. uses, buildings and structures shall comply with the provisions of Article 144C, unless otherwise specified in the Riverfront Crossings Code. 11. FRONTAGE STANDARDS. This Code further adopts seven frontage type standards applicable to all principal buildings constructed on property zoned to one of the Riverfront Crossings zoning designations: storefront; urban flex; terrace; stoop; porch and yard; portico; forecourt. The code further regulates the specific frontage types allowed for each building type. For example, the frontage type ,stoop" and "porch and yard" are permitted frontage types for cot- tage homes. There are many illustrations included with the original Ordinance on file with the City Clerk. re not nded to promote a particular architectural style or standards x repr senthearchitectural detail necessary for high quality buildings. 1. Storefront frontage is the primary frontage type for buildings with active commercial ground floor uses, such as retail, personal services, and restaurants. The frontage provides storefront facades that are typically aligned close to the streetside property line, with large trans- parent windows and multiple building entries at the grade of the front- ing sidewalk. The Regulating Plan indicates locations where this front- age type is required. The code further sets forth limitations on design, window and door coverage, ground floor finished floor elevation, entrance locations, and building projections. To encourage commercial activity at the street level, the private frontage area between the public sidewalk and the building facade shall be designed for additional side- walk width and other pedestrian -oriented uses, such as plaza space, outdoor patio space for restaurant and cafe seating, landscaping, public art, or recessed entryways. 2. Urban Flex frontage is appropriate for buildings with ground floor commercial uses where more flexibility is desired for non -retail uses, such as offices, institutional uses, building trade uses, and live -work uses, or along secondary frontages where views into the interior of the building are not as critical, but where architecturally finished facades with elements that provide visual interest and comfort to pedestrians are important. The frontage provides ground floor storefront conditions with high proportions of transparency, but to a lesser degree than the Storefront frontage. The code further sets forth limitations on design, window and door coverage, ground floor finished floor elevation, entrance locations, and building projections. To encourage commercial activity at the street level, the private frontage area between the public sidewalk and the building facade shall be designed for pedestrian -ori- ented uses, such as plaza space, outdoor patio space for restaurant and cafe seating, landscaping, public art, or recessed entryways. 3. Terrace frontage provides for vertical separation of building space from sidewalk grade and creates semi -private outdoor space foridi vidual dwelling units by elevating and partially enclosing a portion of the private frontage area. The Terrace frontage is suited for ground floor residential uses in urban settings and may be appropriate for live -work and institutional uses. The private frontage area between the sidewalk and the building facade shall be designed as a raised terrace elevated up to 36" max. above grade by a garden wall to provide a semi -private outdoor space. The terrace may also be suitable for outdoor seating for live -work uses. The code further sets for limitations on a terrace projec- tion beyond the front facade. Terraces shall be enclosed by garden walls up'to 42" max. in height above grade. Building entries shall be accessed directly from the Terrace. Additional landscaping regulations apply. It. Stoop frontage is appropriate for certain buildings with ground floor residential or institutional uses. The Stoop frontage provides for vertical separation of building space from sidewalk grade and modest projec- tions of stoops and covered entries for individual dwelling units beyond building facades. The Stoop frontage typically is used in conjunction with shallow setbacks. The private frontage area between the sidewalk and the building facade shall be landscaped with the intent to provide privacy for residents and attractive landscape for pedestrians. The private frontage area is not intended as outdoor gathering space (such as patios) and hardscaped areas other than stoop, stair, accessible ramp, and paved walkway are not permitted. This frontage type is subject to further regulations regarding location, size, elevation, and landscaping 5. Porch and Yard is appropriate for certain residential buildings and provides for vertical separation of building space from sidewalk grade, projections of usable porches beyond building facades, and is typi- cally set back from the streetside property line to provide a front yard area. An optional fence may be bullt at or close to the property line to delineate the front yard. The private frontage area between the side- walk and the building facade shall be landscaped with the intent to provide privacy for residents and attractive landscape for pedestrians. The private frontage area is not intended as outdoor gathering space (such as patios) and hardscaped areas other than porch, stair, acces- sible ramps, and paved walkway are not permitted. The finished floor elevation of ground floor residential space shall be elevated 18" min. above the elevation of the abutting public sidewalk, and 36" max. above grade. Porches shall be provided at the entries of single or two- family dwellings along front building facades and shall consist of an exterior floor area raised 18" min. above the elevation of the abutting public sidewalk, and 36" max. above grade to generally match the interior ground floor finished floor elevation. Porches are subject to further regulations regarding size, fence enclosures and landscaping. 6. Portico is appropriate for certain buildings with ground floor residen- tial use, as well as institutional uses. The Portico frontage has its build- inq facade aligned close to the streetside property line with the ground floor elevated above the sidewalk level to provide privacy for the ground floor windows and is accessed by a covered, generously -sized exterior stairway and landing. The private frontage area between the sidewalk and the building facade shall be landscaped with the intent to provide privacy for.residents and attractive landscape for pedestrians. The private frontage area is not intended as outdoor gathering space (such as patios) and hardscaped areas other than portico, stair, acces- sible ramp, and paved walkway are not permitted. The finished floor elevation of ground floor residential space shall be elevated 18" min. above the elevation of the abutting public sidewalk, and 36" max. above grade. Porticos shall be provided at building entries along front building facades and shall consist of an exterior floor area raised 18" min. above the elevation of the abutting public sidewalk, and 36" max. above grade to generally match the interior ground floor finished floor elevation. Porticos may provide access to a central lobby of a multi- unit building or may provide direct access to no more than two entrances to individual dwelling units: Porticos are subject to further regulations regarding projections, roof design, and landscaping. 7. Forecourt is a subordinate frontage type intended for use in combina- tion with one or more of the above-described frontage types. The forecourt frontage is created by setting back the central portion of the building facade to create an entry plaza or green that is surrounded by building facades on three sides. Forecourts at corners are not permit- ted. Forecourts are subject to regulations regarding size, landscaping, and screening. Ill. BUILDING TYPE STANDARDS. The Code establishes certain building type standards to differentiate and define a range of principal building types appropriate for the specific subdistrict the property is located in. The Building Types describe basic building configuration and massing, pedestrian access, vehicle access, and parking specific to each typology. The standards are intended to complement the Subdistrict Standards and Frontage Type standards, and are not intended to promote a particular architectural style or represent the architectural detail necessary for high quality buildings. There are ten building types allowed, depending on the applicable subdistrict. For instance, Cottage Home is a building type allowed only in the Gilbert subdistrict, but apartment buildings are an allowed building type in all of the seven subdistricts. See Table 2G-6 for more detail. 1. Cottage Homes are a detached single-family house on a fee simple lot. The Cottage Home provides a semi -private front yard and a private backyard. Garages are located in the rear yards, accessed either from an alley or by narrow driveways between adjacent Cottage Homes. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 2. Rowhouses are a single-family unit that shares common walls with one or two of the adjacent units. and may be located on a separate fee -simple lot or be part of a multi -unit development. The Rowhouse provides a semi -private front yard and a private backyard. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 3. Townhouses are a single-family unit that shares common walls with one or two of the adjacent units. A Townhouse may be located on a separate fee -simple lot or be part of a multi -unit development. The Townhouse provides a semi -private front yard but no private backyard. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 4. Apartment Buildings are designed to be occupied by multiple dwelling units configured as a double -loaded corridor building. The Apartment Building is oriented perpendicular to the primary street frontage and sits atop an underground parking garage whose bay width determines the building width. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 5. Multi -Dwelling Buildings are designed to be occupied by multi -family dwelling units or group living uses. The Multi -Dwelling Building may be arranged in a variety of configurations, including bar, L and C -shapes. A Multi -Dwelling Building may be configured around a courtyard pro- viding private outdoor space, or may be part of a larger development with multiple buildings configured around a common courtyard. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 6. Live -Work Townhouse is designed to be occupied by a single dwelling unit and a single ground floor commercial or flex space. The Live -Work Townhouse shares common walls with one or two adjacent units and may be located on a separate fee -simple lot or be part of a multi -unit development. The code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 7. Commercial Buildings are designed for occupancy by one or more non-residential uses. If present, uses generating visitor or customer traffic (such as retail, restaurants, personal services) are typically located on the ground floor facing the sidewalk. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 8. Mixed -Use Buildings are designed for occupancy by a minimum of two different uses that may be vertically and/or horizontally demised. If present, uses generating visitor or customer traffic (such as retail, res- taurants, personal services, live/work commercial space) are typically located on the ground floor facing the sidewalk, whereas uses generat- ing limited pedestrian activity (such as office or residential) are typi- cally located on upper floors or behind street fronting commercial uses. Residential uses are not allowed in street -facing storefront spaces unless designed as live -work space. The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. 9. A Liner Building is shallow building designed and placed in a manner that hides a parking structure from public view. Liner buildings are oriented toward the street with no or minimal openings to the rear. The parking structure in the rear may be attached to the Liner Building, or slightly detached as required for fire separation. The Liner Building may be occupied by a single use or a mix of uses. If present, uses generat- ing visitor or customer traffic (such as retail, restaurants, personal services) are typically located on the ground floor facing the sidewalk, whereas uses generating limited pedestrian activity (such as office or residential) are typically located on upp6r floors. The Liner building may also include live/work units, and townhouse units. The Code contains regulations on. building size and massing, primary pedestrian access, and vehicle parking. 10. Civic or Institutional Buildings are designed for occupancy by,public or quasi -public uses that provide important services to the community. A Civic or Institutional Building contributes significantly to the quality of a place and often is the focal point of a public open space and built with high quality materials and architectural design. Civic or Institutional Buildings may be publicly owned and operated (e.g. city hall, post office, school, courthouse), semipublic (YMCA, Boys and Girls Club, museum), or privately owned and operated (e.g. church, daycare cen- ter, private school). The Code contains regulations on building size and massing, primary pedestrian access, and vehicle parking. IV. PARKING TYPES The Code establishes and sets forth certain Parking Type Standards for the allowed off-street parking. It creates seven different parking types that may be allowable, depending on the building type the parking is associ- ated with. For instance, a garage is the only allowable parking type for cottage homes, but surface lots and underground structured parking are allowable for apartment buildings. 1. Garages provide private, enclosed parking spaces for individual dwelling units. Garages shall be located behind the principal building and may be attached to it, connected through a breezeway, or detached. 2. Tuck -under parking provides covered and enclosed parking spaces located at the rear of a building. Tuck -under parking may be combined with other parking types and works particularly well on properties that slope away from the primary street right-of-way and where a residential dwelling must be elevated above a flood hazard area. 3. Surface lots provide uncovered, at -grade parking spaces. Surface lots shall be located according to the rules set forth in Section 14-2G-3, Subdistrict Standards. 4. Mid -Block Structures are freestanding parking structures located in the center of a larger block. Mid -block structures shall be set back from adjacent buildings by at least 40' to provide sufficient light and privacy for commercial or residential uses facing the block interior. This set- back may accommodate an alley, private rear lane, and/or rear yards. 5. Lined Structures are parking structures located behind shallow Liner Buildings that are oriented solely toward the street. Lined structures may be directly attached to the liner building or detached by a minimal fire separation distance. Lined structures shall be limited in height to equal or less than the height of the liner building. 6. Integrated Structures are parking structures located within an occu- pied building. Integrated structures may be fully or partially integrated into the building. 7. Underground Structures are parking structures located below grade. Underground structures may be combined with other above -ground parking types. V. GENERAL REQUIREMENTS The Code sets forth certain general requirements that apply to all prop- erty rezoned to a Riverfront Crossings District, regardless of the subdis- trict designation. Those general requirements relate to streetscape and frontage area improvements; pedestrian streets; pedestrian passage- ways; design criteria for "streetscreens"; open space requirements for projects with residential use; building design standards; building height bonus provisions; and minor adjustments. 1. The Building Design Standards address fagade composition, building entries, windows, story heights, building materials, roof design, awnings and canopies; mechanical equipment; and signs. 2. The building height bonus provisions provide an incentive for develop- ments to incorporate features that provide a public benefit or that fur- ther important goals and objective of the Riverfront Crossings Master Plan according to the eligible bonuses set forth in this Section. Applications for building height bonuses will be considered through the Design Review Process. 3. The transfer of limited development height is allowed, subject to spe- cific limitations fully set forth in the Ordinance, in certain situations a) where certain open space is dedicated to the City as a public park; b) to promote historic preservation; or c) to incentive dedication of land for public rights-of-way necessary to realize the vision of the Riverfront Crossings Master Plan. 4. Height bonuses are allowed, subject to specific limitations fully set forth in the Ordinance, for a) Class A office space (two additional floors of building height may be granted for every floor of Class A office space provided.); b) public art (one additional floor of building height); c) leadership in energy and environmental design (up to four additional floors); d) student housing (up to five additional floors); e) hotel space (one additional floor for every floor of high-quality hotel space); f) work- force or affordable housing (up to five floors of additional building height); g) elder housing (up to five floors of additional building height) 5. The Riverfront Crossings Code creates a Form -Based Code Committee to approve minor adjustments to the building and parking placement standards, Subdistrict Standards. Setbacks' greater or lesser than the ranges allowed ; deviations from the facade continuity requirements; deviations from the Frontage Type Standards, to accom- modate buildings located on steeply sloped sites or within flood hazard zones. Where accessibility standards cannot be met, the FBC Committee may approve deviations to ensure adherence to Americans with Disabilities Act (ADA). The FBC Committee may approve devia- tions from the building design standards if certain conditions are met. B. Amend 14-3C to designate Riverfront Crossings Design Review District as a design review overlay zone, regulated by a Level I design review considered by a newly created Form -Based Code Committee, except f o r structures designed with certain building height bonuses allowed, which shall require a Level II review. C. Amend 14 -3C -3B to add "student dormitories" as an example of an independent group living use. D. Amend 14 -4B -4A-9 to add additional approval criteria for a special exception for independent group living uses: The proposed use must be designed to be compatible with adjacent uses. The Board of Adjustment will consider aspects of the proposed use such as the location, site size, types of accessory uses, anticipated traffic, building scale, setbacks, landscaping and amount of paved areas to ensure that the proposed use is compatible with other residential uses in the neighborhood. The Board may prohibit certain aspects of a use or impose conditions or restrictions to ensure compatibility. These conditions or restrictions may include, but are not limited to, additional screening, landscaping, pedestrian facili- ties; setbacks; location and design of parking facilities; location and design of buildings; establishment of a facilities management plan. E. Amend 14 -4B -4A -10a to set the maximum density for fraternal group living uses as follows: (1) In the RM -20 and RNS-20 Zones: 1 roomer per 900 square feet of lot area. (2) In the RM -44 and PRM Zones: 1 roomer per 300 square feet of lot area. F. Amend 14-2C to establish the following regulation for street -level store- front windows in the MU and CN -1 zone: A minimum of 50 percent of the building fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of clear and highly transparent win- dows and doors. Reflective (mirrored) or colored glass is not permitted. Such windows must allow views into the interior space or be storefront dis-play windows that are set into the wall. Display cases attached to the outside building wall do not qualify. The bottom of such windows must be no more than 4 feet above the level of the adjacent sidewalk. G. Amend 14 -2C -8N-1 to establish the following regulation for street - level storefront windows in the Central Business Zones: Along any street -facing building fagade and along any portion of a storefront fagade that abuts a pedestrian plaza, a minimum of 50 percent of the building fagade between 2 and 10 feet in height from the adjacent exte- rior grade must be comprised of clear and highly transparent windows and doors. Reflective (mirrored) or colored glass is not permitted. Such windows must allow views into the interior space or be storefront display windows that are set into the wall. Display cases attached to the outside building wall do not qualify. Where possible, the bottom of such store- front windows should be no more than 2 feet above the level of the adjacent exterior grade. However, on sloping sites where it is difficult to meet this 2 -foot standard, the height above grade may vary, but shall not exceed 4 feet above the adjacent exterior grade (see 14 -2C -7L, Figure 2C.2). H. Amend 14 -4B -4B-12 (h) and (i), regarding the regulation for specific approval criteria for Quick Vehicle Service uses to clarify the approval criteria for such uses in the Riverfront Crossings District shall be those standards set forth in 14-2G, Riverfront Crossings Form -Based Development Standards. L Delete 14 -5A -3C to eliminate the maximum off-street parking allowed in CB -5 zone. J. Amend 14 -5A -3D-4 regulating the maximum off-street parking allowed in the CB -10 zone to state as follows: Household Living Uses must provide parking according to Table 5A-1. The parking must meet the standards specified in subparagraphs 5b. through e. below. If there is practical difficulty providing the required parking for Household Living Uses on site, off-site parking for Household Living Uses may be approved accordinq to the provisions of 14 -5A -4F. Alternatives to Minimum Parking Requirements. K. Delete 14 -5A -3E, the regulations regarding the maximum parking allowed in the Near Southside Parking Facility District. L. Delete 14 -2B -6D-7, regulating building entrances for mufti -family developments. M. Amend 14 -5A -5F, regarding construction and design standards for off-street parking, to establish that said standards apply to properties zoned Riverfront Crossings, particularly to mid -block structures, lined structures, integrated structures, and underground structures, as ,described in Article 14-2G. 1. Furthermore, this section shall be amended to state that in Multi - Family Zones, the ceiling height of any underground parking may extend no more than 3 feet above grade. For purposes of this subpara- graph, grade shall be defined as the average point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the streetside property line(s) or when the streetside property line is more than 5 feet from the building, between the building and line 5 feet from the building. A parking level that has more than 3 feet of its floor to ceiling height above grade as defined herein shall be considered ground level parking and therefore shall be subject to the setback stated in subparagraph b., above. 2. On property zoned Riverfront Crossings, structured parking shall be placed in accordance with the provisions set forth in Article 14-2G, Riverfront Crossings Form -Based Development Standards. 3. Alley or rear lane access to Garage entrances/exits is preferred in the Riverfront Crossings Zones, although the Form -based Code Committee may allow direct street access if certain criteria are met. N. Amend 14-5A-4, Minimum Parking Requirements, including Table 5A-1, Table 5A-2, and Table 5A-3 to establish the minimum parking requirements for the Riverfront Crossings Zones; to clarify that one of the rules for computing the minimum parking requirement is when the park- ing requirement is based on the number of residents or occupants, the number of residents or occupants shall be based on the maximum occupancy of the use as determined by the City; and one of the rules for computing bicycle parking requirements in the Riverfront Crossings Zones, as designated on Table 5A-3, the minimum bicycle parking requirements are expressed as a certain number of spaces per bedroom or resident or, in the case of non-residential uses, as a ratio based on the floor area of the proposed use. When expressed as a number of spaces per resident, the number of residents shall be the based on maximum occupancy of the use as determined by the City. 1. Amend Table 5A-1 such that the vehicle parking requirement for household living uses for CB -5 shall be 0.5 space per dwelling unit for efficiency and 1 bedroom units. 2. Amend Table 5A-2 to clarify that the standards therein do not apply to properties zoned Riverfront Crossings, and further amend such table to a) reduce the vehicle parking requirement in the PRM Zone to 0.75 spaces per dwelling unit for efficiency and 1 -bedroom units; 1.5 spaces per dwelling unit for 2 -bedroom units, and 2.5 spaces per dwelling unit for 3 -bedroom units; and b) establish the parking require- ment.for CB -2 Zone is 0.75 spaces per dwelling unit for efficiency and 1 -bedroom units; 1.5 spaces per dwelling unit for 2 -bedroom units, 3. Add the following Table 5A-3 setting forth the parking requirement for the Riverfront Crossings Zones Table 5A-3: Minimum Parking Requirements for the Riverfront Crossings Zones USE CATEGORIES SUBDISTRICT MINIMUM PARKING REQUIREMENT BICYCLE PARKING Household Living Units South Down -town, University Efficiency, 1 -bedroom: 0.5 space per dwelling unit. 2 -bedroom: 1 spaces 1 per d.u. within the following . per dwelling unit 3 -bedroom: 2 spaces per dwelling unit Elder Apartments: Building Types: 1 space for every 2 dwelling units. For Multi -Family Dwellings granted Apartment Building, bonus height for student housing located within the University Subdistrict Multi -Dwelling Building or on property directly abutting or across the street from the UI campus Mixed -Use Building as illustrated on the Regulating Plan, Fig.2G-1, the parking requirement is 0.25 per bedroom. Park, South Gilbert, Central Efficiency, 1 -bedroom: 0.75 space/dwelling unit. 2 -bedroom: 1.5 spaces/ 1 per d.u. Crossings, Gilbert, West dwelling unit 3 -bedroom: 2.5 spaces/dwelling unit. Elder Apartments: 1 Riverfront space for every 2 dwelling units. Household Living Units All subdistricts where said 1 space per dwelling unit. However, for a dwelling unit that contains a None within the following Building Types are allowed. household with more than 2 unrelated persons, 1 additional parking Building Types: space is required for each additional unrelated person in excess of two. Cottage Home Row house Townhouse Live -Work Town -house Household Living Units All subdistricts Parking shall be provided within the associated parking structure using 1 per d.u. within Liner Buildings the following ratios: Efficiency, 1 -bedroom: 0.5 space per dwelling unit. 2 -bedroom: 1 spaces per dwelling unit 3 -bedroom: 2 spaces per dwelling unit Elder Apartments: 1 space for every 2 dwelling units. Specific parking spaces within the associated parking structure may or may not be reserved for use by residents within the liner building. Assisted Group Living All subdistricts where said 1 space for every 3 rooming units None uses are allowed. Fraternal Group Living All subdistricts where said 0.50 space per resident. If the use is located within the University 0.50 spaces per uses are allowed. Subdistrict or on property directly abutting or across the street from the resident main UI campus as illustrated on the Regulating Plan, Fig.2G-1, the park- ing requirement is 0.25 per resident. Independent Group All subdistricts where said 0.50 space per resident. If the use is located within the University 0.50 spaces per Living uses are allowed. Subdistrict or on property directly abutting or across the street from the resident main UI campus as illustrated on the Regulating Plan, Fig.2G-1, the park- ing requirement is 0.25 per resident. Non -Residential Uses South Down -town, University None Required 1/1500 square feet of floor area Park, South Gilbert, Central 1 space per 500 square feet of floor area. On -street parking provided 1/1500 square feet Crossings, Gilbert, West along the frontage of a property may 'count toward this parking require- of floor area Riverfront ment. Buildings with less than 1200 square feet of non-residential floor area are exempt from this parking requirement. and 2.5 spaces per dwelling unit for 3 -bedroom units. O. Amend 14 -5A -4F, regulating alternatives to minimum off-street parking requirements, to do the following: 1. Include the Riverfront Crossings in the regulations on off-site parking on private property; 2. Amend 14 -5A -4F(4) to state the following: Parking Exemption in the Central Business Zones and the Riverfront Crossings District: In the CB -5 Zone, CB -10 Zone, or property zoned Riverfront Crossings, a minor modification may be granted as specified in Section 14-48-1 exempting up to 30 percent of the total number of dwelling units con- tained in a building from the minimum parking requirements, provided that those dwelling units are committed to the City's assisted housing program or any other affordable housing program approved, by the City. 3. Add the following regarding the Downtown and Riverfront Crossings Parking District: For qualifying development as set forth below, the number of required on-site parking spaces may be reduced in order to facilitate said development according to the provisions of this subsec- tion. a. Qualifying Development To qualify for a parking reduction under this subsection, the proposed development: (1) Must be located in the Downtown and Riverfront Crossings Parking District; (2) Must not result in the demolition of a property that is designated as an Iowa City Landmark, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places; and (3) Must qualify for bonus height, bonus floor area, or other development assistance or financial incentive from the City for including uses, elements or features that further housing, economic development, or other goals of the Comprehensive Plan, including the Downtown and Riverfront Crossings Master Plan. b. Parking District Boundaries Properties described below shall be con- sidered part of the Downtown and Riverfront Crossings Parking District: (1) Properties located within the area bounded by Burlington Street on the south, Van Buren Street on the east, Iowa Avenue on the north, and Capitol Street on the west. For purposes of this subsection, this area shall be referred to as the Central Business District; and (2) Properties zoned South Downtown Subdistrict (RFC -SD), University Subdistrict (RFC -U), and Central Crossings Subdistrict (RFC -CX) that are located north of the Iowa -Interstate Rail Line. c. Reduction of the on-site parking requirement (1) For qualifying devel- opment, the off-street parking requirement may be reduced by up to 50%, provided a fee is paid in lieu based on the number of parking spaces that would otherwise have to be provided. (2) For qualifying development where it is infeasible to provide at least 50% of the required parking on-site due to specific qualifying site constraints as noted below, a developer may request a special exception to reduce the parking requirement by up to 100%, provided a fee is paid in lieu of each parking space not provided on-site and the following review and approval criteria are met. The Board of Adjustment will review such a request according to the following approval criteria: (a) Convincing evidence has been presented that it is not feasible to pro- vide at least 50% of the required residential parking on-site due to a lack of alley access, a lot width narrower than 60 feet, a lot orientation that makes it infeasible to provide on-site parking and meet storefront depth requirements of the zone, or other unique circumstance; and (b) The proposed project will be designed in a manner that is sensitive and complementary to adjacent properties designated as Iowa City Landmarks, registered on the National Register of Historic Places, or individually eligible for the National Register of Historic Places. See 14 -3C -3C, Design Review Guidelines for guidance on the factors to be considered to comply with this standard. This standard is not intended to impose any particular architectural style, but rather to foster a har- monious rhythm and proportion of building elements .along a street frontage and ensure that differences in mass and scale are mitigated through fagade articulation and upper story stepbacks; and (c) The proposed project will be designed in a manner that will contribute to the pedestrian -oriented, urban character of central Iowa City as envi- sioned in the Downtown and Riverfront Crossings Master Plan. d. Payment of fee in lieu of required parking (1) Where the City has allowed up to a 50% reduction in the parking requirement, the developer shall pay a fee for each space otherwise required in the amount of 75% of the estimated cost of constructing a structured parking space. (2) Where a special exception has been granted reducing the parking requirement by more than 50%, the developer shall pay a fee in lieu of the provision of each space otherwise required in the amount of 90% of the estimated cost of constructing a structured parking space. (3) The estimated cost of a structured parking space is $24,000 in 2013 dollars. This fee shall be adjusted annually based on the national his- torical cost indexes contained in the most recent edition of Engineering News Record, as amended. In the event the national historical cost index is negative in any edition, the fee shall remain at the amount previously set under this paragraph. (4) The City shall calculate and assess the entire fee upon issuance of a building permit. The fee payor may pay the entire fee at the issu- ance of the building permit, or may elect to pay the fee in 3 equal annual installments, the first of which shall be due and collected at the issuance of the building permit. If the fee payor elects to pay the fee in 3 annual installments, the fee payor shall execute an agreement with the City before the City issues a building permit, which agree- ment sets forth the timing and amounts of the remaining installments to be paid and also sets forth that, upon confirmation by the Iowa City Finance Department that the fee payor has defaulted on an installment payment, the City Clerk shall certify the outstanding fee balance to the Johnson County Assessor as a lien upon the premises for which the building permit was issued. Said lien will not preclude the City from pursuing recovery of the fee by other legal or equitable remedies. (5) All fees paid shall be deposited in the Downtown and Riverfront Crossings Parking District Restricted Fund, as set forth in this sub- section. Monies held in the Restricted Fund, including any accrued interest, shall be used for the purpose of acquiring land for and constructing public parking facilities located in the Downtown and Riverfront Crossings Parking District; (6) In the event that bonds or similar debt instruments are issued for the acquisition or construction of the aforementioned property, infra- structure or facilities within the parking district, monies held in the Restricted Fund may be used to pay debt service on such bonds or similar debt instruments. 4. Amend 15 -5A -4F(5) regarding Parking Reduction for Other Unique Circumstances to state: Where it can be demonstrated that a specific use has unique characteristics such that the number of parking or stacking spaces required is excessive or will reduce the ability to use or occupy a historic property in a manner that will preserve or protect its historic, aesthetic, or cultural attributes, the Board of Adjustment may grant a special exception to reduce the number of required park- ing or stacking spaces by up to 50 percent (up to 100 percent for properties designated as a local historic landmark, listed on the National Register of Historic Places, or listed as key or contributing structures in a historic district or conservation district overlay zone). 5. Add the following regarding Parking Reduction for Liner Buildings For Liner Buildings constructed to mask a municipal parking facility, the private off-street parking requirement may be reduced by up to 100% if parking for uses located within the liner building is provided within the associated public parking facility. Monthly permits shall be made available for purchase to residents, businesses, or other tenants located within the Liner Building, but specific parking spaces within the associated parking structure may or may not be designated for use by said permit holders, at the discretion of the City. Compensation for construction of said parking shall be made to the City with the amount and terms of said compensation determined through an agreement with the City, which shall be executed prior to issuance of an occu- pancy permit for the subject liner building. 6. Add the following regarding an Allowance for Scooter or Motorcycle Parking Up to 10% of the parking spaces required for a use may be reconfigured to accommodate motorized scooters or motorcycles. Conversion of a minimum of two abutting standard parking spaces (an area equal to 18'x18') is required to ensure adequate access and vehicular movement for up to 6 scooter/motorcycle spaces. Design of the scooter/motorcycle parking shall be approved by the City. This provision shall not increase or decrease the allowed occupancy or residential density of the uses on the property, i.e. each required vehicular space converted to scooter/motorcycle spaces shall still be counted as 1 required parking space. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Furthermore, Title 14 Zoning Code, Chapter 7, Article B, the Near Southside Neighborhood Parking Facility District Impact Fee Ordinance is hereby repealed. Any and all fees collected pursuant to 14-713 prior to this repeal shall be retained and administered by the City according to the terms of said Article as if this ordinance had not been repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudi- cation shall not affect the validity of the Ordinance as a whole or any sec- tion, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Pc -6000036330 June 13, 2014 `� C�' VA N� � r ®i G WM CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4587, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 13, 2014. Dated at Iowa City, Iowa, this 14th day of July 2014. J K. Voparil Deputy City Clerk Printer'. Pee $12S:� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, may that I an the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper,,., L time(s), on the following date(#): f1 / t! T — Legal Clerk Subscribed and sworn to bef re me this I day f A.D. 201--4- - Notary Public RACHEL SHA -IA tiV16Ms CcrftmissUM Number 781M $ 1 1Expires 4Ml' OFFICIAL PUBLICATION ORDINANCE NO. 14-4587 AN ORDINANCE AMENDING TITLE 14: ZONING, ARTICLE 4C, ACCESSORY USES AND BUILDINGS, TO ADDRESS DIFFERENCES IN THE REGULATION OF ACCESSORY USES IN THE RIVERFRONT CROSSINGS ZONES AND AMENDING THE SPECIAL EXCEPTION CRITERIA FOR DRIVE-THROUGHS. WHEREAS, the adopted 2013 Downtown and Riverfront Crossings Master Plan (2013 Plan) provides a vision, goals and objec- tives encouraging pedestrian -ori- ented, mixed-use redevelopment in the Riverfront Crossings District; and WHEREAS, because the form - based code will be incorporated into the existing Zoning Code, it is necessary to amend other articles and sections of the Zoning Code to ensure consistency and clarity regarding which generally -applica- ble zoning standards apply in the Riverfront Crossings Zones; and WHEREAS, in some cases acces- sory used are regulated differently in the Riverfront Crossings form - based development standards so the language in the Article 14-4C, Accessory Uses, must be clarified to take these differences into account; and WHEREAS, the regulations related to uncovered decks and patios, fences, walls, hedges, and drive- through facilities must be amended —to cross reference and clarify how these elements are regulated in the Riverfront Crossings Zones; and WHEREAS, it is in the best inter- ests of the City to ensure that drive-through facilities are carefully considered by the Board of Adjustment as they relate to the surrounding neighborhood in which the are established, particularly as these facilities relate to pedestrian - oriented urban districts and adja- cent residential neighborhoods; and WHEREAS, the Planning and Zoning Commission has recom- mended approval of these amend- ments to the zoning code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follow: A. Delete subsection 14 -4C -2J, Decks and Patios, Uncovered, and substitute in lieu thereof: A. Decks and Patios, Uncovered 1. In Residential Zones: a. Uncovered patios and decks constructed 2 feet or less above grade must be set back at least 10 feet from any front or street - side lot line and set back at 2 feet from any alley right-of-way. No side setback is required. b. Uncovered patios and decks constructed more than 2 feet above grade must be set back at least 10 feet from any front or street -side lot line, at least 5 feet from any side lot line, and at least 2 feet from any alley right- of-way. 2. In Riverfront Crossings Zones: a. Decks are not allowed in pri- vate frontage areas, as defined in Section 14 -2G -7A, Streetscape and Frontage Area Improvements. b. Patios are not allowed in pri- vate frontage areas unless expressly permitted according to the standards for the appli- cable Frontage Type, as speci- fied in Section 14-2G-4. c. Uncovered patios and decks constructed 2 feet or less above grade must be set back at least 2 feet from any alley right-of- way. No side setback is required. d. Uncovered patios and decks constructed more than 2 feet above grade must be set back at least 5 feet from any side lot line and at least 2 feet from any alley right-of-way. 3. In all other zones: a. Uncovered patios and decks must be set back at least 10 feet from any front or street -side lot line and set back at least 2 feet from any alley right-of-way. No side setback is required. b. Decks and patios in any zone where there is no front setback requirement for principal build- ings are exempt from the front setback requirement in subpara- graph a. above. B. Delete paragraph 14 -4C -2L-2, provisions related to location and height requirements for fences, walls, and hedges, and substitute in lieu thereof: 2. Location and Height Requirements. All fences, walls and hedges located within a principal building front, side or rear setback area or within 5 feet of a lot line, are subject to the following location and height requirements. a. Except as otherwise allowed or required in Article 14-2G, Riverfront Crossings Form - based Development Standards, no portion of a fence or wall more than 10 percent solid shall exceed eight feet in height. The solidity is the percent of the fence over a random area which is made up of solid, opaque material, and which does not allow light or air to pass through. Retaining walls are exempt from the provisions of -the subpara- graph. b. Fences, walls and hedges must be set back at least 2 feet from any alley or street right-of-way line. c. On corner lots, fences, walls and hedges over 2 feet in height must comply with the provisions of Article 14-513, Intersection Visibility Standards. d. Fences and walls the exceed 4 feet in height are not permitted in the principal building, front setback area on properties zoned Residential or on proper- ties located within 50 feet of any property along the same front- age that is zoned Residential. However, this height limit is increased to 6 feet for lots with frontages along ,an expressway or an arterial street, provided that the lot is a double frontage lot or a reversed corner lot. Retaining walls are exempt from the provisions of this subpara- graph. e. In Riverfront Crossings Zones, fences and walls located within private frontage areas are strict- ly regulated and, if allowed, must comply with the applicable Frontage Type standards as specified in 14-2G. C. Amend Table 4C-1: Drive - Through Facilities, by deleting the row labeled "CI -1, CC -2, and CB -2 Zones," and substituting in lieu thereof: Zone CI -1, CC -2, CB -2, and Riverfront Crossings Zones Drive -Through Facilities Allowed Permitted by special exception. Limitations apply in the Riverfront Crossings Zones, as specified below. Additional Requirements Special exception required. See additional approval criteria list- ed below. D. Delete paragraph 14 -4C -2K-2, Special Exception Approval Criteria for drive-through facilities, and substitute in lieu thereof: 2. Riverfront Crossings Zones -limitations and restrictions a. In all Riverfront Crossings sub - districts, except for the West Riverfront and South Gilbert subdistricts, drive-throughs are limited to facilities that are accessory to financial institu- tions and pharmacies. b. In the South Gilbert subdistrict, drive-through facilities are not allowed along frontacJes desig- nated as required retail store- fronts or required Ralston Creek frontages, or along the required pedestrian streets that extend east -west through the block to provide a connections to the riverfront park , all as Illustrated in Figure 2G-1, Riverfront Crossings Regulating Plan. Otherwise, drive-through facili- ties are allowed by special exception for any use allowed in the subdistrict. c. In the West Riverfront subdis- trict, drive-through facilities are allowed by special exception for any use allowed in the subdis- trict according to the provisions set forth in this section. d. Principal buildings to which a drive-through is accessory must comply with all standards of the applicable Riverfront Crossings subdistrict as specified in Article 14-2G, unless a minor adjust- ment is approved by the "FBC Committee according to the provisions in Subsection 14 -2G - 7H, Minor Adjustments. E. Add a new paragraph 14 -4C - 2K -3, as follows: 3. Special exception approval criteria a. Access and Circulation The transportation system should be capable of safely supporting the proposed drive-through use in addition to the existing uses in the area. Evaluation factors include street capacity and level of service, effects on traffic circulation, access requirements, separation of curb cuts, and pedestrian safety in addi- tion to the following criteria. (1) Wherever possible and practi- cal, drive-through lanes shall be accessed from secondary streets, alleys, or shared cross access drives. If the applicant can demonstrate that access from a secondary street, alley, or shared cross access drive is not possible, the Board may grant access to a primary street, but may impose conditions such as limiting the width of the curb cut and drive, limiting the number of (1) To promote compatibility with lanes, requiring the drive- surrounding development, the through bays and stacking lanes number of drive-through lanes to be enclosed within the build- should be limited such that the ing envelope, and similar condi- amount of paving and stacking tions. space does not diminish the (2) To provide for safe pedestrian design quality of the streetscape movement, the number and or the safety of the pedestrian width of curb cuts serving the environment. use may be limited. A proposal (2) Drive-through lanes, bays, and for a new curb cut on any street stacking spaces shall be is subject to the standards and screened from views from the restrictions in Article 14-5C, street and adjacent properties to Access Management Standards. the S2 standard. If the drive - (3) An adequate number of stack- through is located adjacent to a ing spaces must be provided to residential use or property ensure traffic safety is not com- zoned residential, it must be promised. A minimum of 6 screened from view of these stacking spaces is recommend- properties to at least the S3 ed for drive-through facilities standard. To preserve the associated with eating estab- pedestrian -oriented character of lishments and a minimum of four streets in the CB -2 Zone and the stacking spaces for banking, Riverfront Crossings District, the pharmacies, and similar non- Board may require the drive - food related drive-through facili- through to be incorporated with - ties. Stacking spaces shall be in the building or be screened defined as being 20 feet in with masonry street walls and . length and the width of a one- landscaping. Street walls shall Jane, one-way drive. The Board be a minimum of 5 feet in height may reduce the recommended and shall be designed to com- number of stacking spaces if the plement the principal building applicant can demonstrate that oh the site. (3) Multiple windows servicing a the specific business has unique characteristics such that the single stacking lane (e.g. order recommended number of park- board, payment window, pick- ing spaces is excessive (i.e. a up window) should be consid- ered to reduce the amount of drive-through that is to be used for pick-up only and not order- idling on the site. ing) (4) Stacking spaces, driveways, (4) Sufficient on-site signage and and drive-through windows shall be located to minimize potential pavement markings shall be provided to indicate direction of for vehicular and pedestrian vehicular travel, pedestrian conflicts and shall be integrated crossings, stop signs, no into the surrounding landscape and streetscape design of the entrance areas, and other con- trols to ensure safe vehicular neighborhood in which it is and pedestrian movement. located. (5) Lighting for the drive-through b. Location (1) In the CB -2 Zone and in all facility must comply with the subdistricts of the Riverfront outdoor lighting standards set Crossings District located east forth in Article 14-5G and must be designed to prevent light of the Iowa River, drive-through lanes and service windows must trespass and glare onto neigh - be located on a non-street-fac- boring residential properties. ing fagade. In all other locations (6) All sign age for the drive - where drive-throughs are through must meet the sign allowed, this location standard standards in Article 14-58. must be met, unless the appli- (7) Loudspeakers or intercom sys- cant can demonstrate that a tems, if allowed, should be street -facing location is prefera- located and directed to minimize ble for the overall safety and disturbance to adjacent uses. efficiency of the site, does not Special consideration should be conflict with adjacent uses or given to locations adjacent to residential uses to ensure such pedestrian access, and does not compromise the character of the systems do not diminish the streetscape or neighborhood in residential character of the which it is located. (2) Drive-through lanes must be neighborhood. SECTION II. REPEALER. All ordi- set back at least ten feet(10') nances and parts of ordinances in from adjacent lot lines and pub- conflict with the provisions of this lic rights of way and screened Ordinance are hereby repealed. from view according to the SECTION III. SEVERABILITY. If design standards below. any section, provision or part of the c. Design Standards Ordinance shall be adjudged to be The number of drive-through invalid or unconstitutional, such lanes, stacking spaces, and paved adjudication shall not affect the validity of the Ordinance as a whole area necessary for the drive through facility will not be detri- or any section, provision or part mental to adjacent residential prop- thereof not adjudged invalid or erties or detract from or unduly unconstitutional. interrupt pedestrian circulation or the commercial character of the area in which the use it is located. The Board of Adjustment may increase or reduce these standards according to the circumstances affectinq the site. } SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of June, 2014 s/Matthew J. Hayek Attest: s/Marian K. Karr, City Clerk PC.8000038282 June 13, 2014 '®k% CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 3S6-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4588, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 13, 2014. Dated at Iowa City, Iowa, this 14th day of July 2014. Voparil Deputy City Clerk -\► in le, Printer's Fee $ Sa -1 I CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUN'ITY, SS, THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 19 being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper _.I__.. time(s), on the following date(#): �f13 I� L 4� Legal Clerk Subscribed and sworn to before me this _ day of .D. 20�• Notary Public At RACHEL SHALLA _ WT. Commission Number 781715 My Commission Expires 12/06/2016 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION ORDINANCE NO. 14-4588 AN ORDINANCE AMENDING TITLE 14: ZONING TO BROADEN THE STOREFRONT SIGNAGE TYPES AND SIZES ALLOWED IN COMMERCIAL ZONES AND TO REGULATE TEMPORARY WINDOW SIGNS WHEREAS, it is the purpose of the Zoning Code sign regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve Iowa City's areas of natural, historic and scenic beauty. These regulations are also intended to reduce distractions and obstructions contributing to traffic accidents, reduce hazards caused by signs projecting over the public right of way, provide a reasonable opportu- nity for all sign users to display signs without interference from other signage, to provide fair and equitable treat- ment for all sign users and to establish a reasonable period of time for the elimination of nonconforming signs. WHEREAS, current sign regulations regarding projecting signs and canopy roof signs have proven to be overly burdensome and stifled creative design; and WHEREAS, it is reasonable and consistent with the purpose of the sign regulations to allow limited illumination of projecting signs, allow a moderate increase in the size thereof, and allow such signs in all commercial zones; and WHEREAS, it is reasonable to allow canopy roof signs in all commercial zones, subject to certain limitations regarding the size, location and illumination; and WHEREAS, the current sign regulations do not address temporary signs placed in required storefront windows leading to a proliferation of temporary signage completely blocking views through such windows and the installa- tion of permanently -affixed window films in a manner that creates a safety hazard for first responders and visual blight; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the sign ordinance and recommend approval. WHEREAS, these amendments satisfy the purpose of the sign regulations and are in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: A. Delete definition of "Storefront' in Article 14-9A and substitute in lieu thereof: STOREFRONT. The ground level frontage of a building in which there is located a single business directly behind the frontage. A.building may have more than one storefront. The length of the storefront, is measured from the outside edge of the exterior walls,of the building, or if there are multiple storefronts located in a single building, from the centerline of the wall that separates the business from another business, public area, or other area not occupied by the subject business. Narrow storefronts are those that are less than or equal to 40 feet in width. Medium storefronts are those that are greater than 40 feet and less than or equal to 60 feet in width. Wide store- fronts are those greater than 60 feet in width. B. Delete Subsection 14-56-46, Minimum Clearance Height, and substitute in lieu thereof: B. Minimum Clearance Height The minimum clearance height is measured from grade to the lowest point on the sign. The minimum clearance height for freestanding, banner, and time and temperature signs is 10 feet. For storefront projecting signs and canopy signs, the minimum clearance height is 8 feet. Minimum clearance height is 10 feet for entrance way signs across driveways and 8 feet for entrance way signs across walkways. C. Delete the definitions of "Temporary Sign" and "Window Sign" in Article 14-9C, Sign Definitions, and substitute in lieu thereof: TEMPORARY SIGN: A yard sale sign, temporary identification sign, real estate sign, political sign, or signs in windows, such as posters or temporary painted signs. Temporary signs are constructed of temporary materials, such as paper, cardboard, wallboard or plywood, with or without a structural frame, and are intended for a tem- porary period of display. Banners are not considered temporary signs. WINDOW SIGN: A sign affixed to a window, embedded in a window, or hanging adjacent to a window and obvi- ously intended to be viewed by the public through the window. This type of sign is designed to be more permanent in nature and is intended to be displayed for an extended and indeterminate period of time. This definition does not include merchandise or product displays, posters, temporary signs painted on windows or other temporary signs. D. Amend Table 5B-6, Sign Specifications and Provisions for Non -Permanent, Off -Premise, and Other Special Signs, by deleting the row that addresses "Signs in windows" and "Temporary Signs (other than real estate signs)" and substitute in lieu thereof: Permitted Signs Maximum Sign Area Maximum Height Provisions No permit is required. Posters and other non -permanent signs in windows are allowed, but may only be displayed for a temporary Temporary signs period of time, not to exceed 60 days. in windows If located in or on required storefront windows, window signs shall be displayed in a manner that does not block views Into the interior of the storefront. Temporary Signs (other than real 12 sq. ft. per face. No permit is required. One non - estate signs and May be double-faced loft illuminated sign per lot is allowed. j temporary signs for total of 24 sq, ft. Signs shall not be displayed for more in window) than 60 days. Lk - anxiy� Q ------------- E. Amend Table 5B-2, Sign Specifications and Provisions in the CO -1, CN -1, and MU Zones; and Table 58-3, Sign Specifications and Provisions in the CH -1, CC -2, and CI -1 Zones by inserting the following: Permitted Signs Maximum Sign Area Maximum Height Provisions Narrow Storefronts: Nro N Up to one canopy roof sign is allowed per storefront. The bottom edge of the sign must be located no more than 4 ft. inches above the canopy. Medium Storefronts: For Narrow Storefronts: Maximum height of copy: 13" Canopy 25 sq. ft. Top of first Maximum thickness: 6" Roof Si Signs g Wide Storefronts: t story For Medium Storefronts: Maximum height of copy: 20" 35 sq. - Maximum thickness: 8" of n of (See definition For Wide storefronts: • Maximum height of copy: 30" Storefront inn • Maximum thickness: 10" 12 sq. ft. per sign, Top edge of the • Each storefront is allowed up to a total of three (3) signs Canopy Signs except as set forth in first story canopy from the following sign types provided there is a minimum of provisions 20ft. between projecting signs and under -mounted canopy signs along any frontage: Canopy signs, Awning signs, and Projecting signs. • A projecting sign may not project more than 4ft. from the building wall. • The size of a 1st story `projecting sign may be increased up to 18 sq. It (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria Top of the The floor to ceiling height of the ground level floor is a mini - 1 st story, mum of 18ft. and the sign is vertically proportioned. unless • Illumination is not permitted, except as follows: Storefront 12 sq. ft. May be double approved as External illumination is permitted provided there are no more than two small spot lights of no more than 2,000 Projecting faced fora total of a 2nd story lumens shining directly on the sign and provided they signs 24 sq. ft. projecting sign accord- meet the Light trespass Standards in Article 14-4G. ing to the Halo back -lit illumination may be permitted subject to approval by Design Review and to the illumination provi- provisions. sion for 2nd story signs delineated below. ns Window signs g 25% of window area • If the sign is for a Hospitality -Oriented Retail Use or an indoor theater or bowling alley, the sign may be placed on the 2nd story facade of a building subject to approval by Design Review. Illumination for a 2nd story sign will not be permitted if there are existing residential uses on the second floor of the building. • The sign must be affixed to the building so that the sign is perpendicular to the building wall. • The sign may not swing or be easily moved by wind. • Storefront Projecting Signs are subject to Design Review. F. Amend Table 513-2, Sign Specifications and Provisions in the CO -1, CN -1, and MU Zones; Table 56-3, Sign Specifications and Provisions in the CH -1, CC -2, and CI -1 Zones; and Table 5B-4, Sign Specifications and Provisions in the CB -2, CB -5, and CB -10 Zones, by deleting the row pertaining to "Canopy Signs", "Awning Signs" and "Window Sions" and substitutina in lieu thereof: Permitted Signs Maximum Sign Area Maximum Height Provisions • Each storefront is allowed up to a total of three (3) signs from the following sign types provided there is a minimum of 20ft. between projecting signs and under -mounted canopy signs along any frontage: Canopy signs, Awning signs, and Projecting signs. • Signs mounted under a canopy may not project beyond the outer edge of the canopy. • Signs mounted on the face of the canopy 12 sq. ft. per sign, Top edge of the may not project beyond the face of the Canopy Signs except as set forth in first story canopy canopy by more than 6 inches and must not extend above or below the top and bottom provisions edges of the canopy. • The size of a canopy sign may be increased up to 18 sq. ft. (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria: The floor to ceiling height of the ground level floor is a minimum of 18 ft., the sign is mounted to the underside of the canopy and the sign is vertically proportioned. Each storefront is allowdd up to a total of three (3) signs from the following sign types Awning signs 25% of awning Top edge of first provided there is a minimum of 20ft. between Projecting signs and under -mounted canopy surface story awning signs along any frontage: Canopy signs, Awning signs, and Projecting signs. Awning signs are only allowed on first story awnings. If located on or in required storefront windows, window signs shall be displayed or ns Window signs g 25% of window area affixed in a manner !hat does not block views into the interior of the storefront. G. Amend Table 5B-4, Sign Specifications and Provisions in the CB -2, CB -5, and CB -10 Zones, by deleting the row Dertaining to "Canopv Roof Signs" and "Storefront Projecting Signs" and substituting in lieu thereof: Permitted Signs Maximum Sign Area Maximum Height Provisions Up to one canopy roof sign is allowed per storefront. The bottom edge of the sign must be NNarrow Storefronts: N ro located no more than 4 inches above the cano- ft. py Medium Storefronts: For Narrow Storefronts: Maximum height of copy: 13" Canopy roof 25 sq. ft. Top of first story : Maximum thickness: 6" sign? 9 Wide Storefronts: For Medium Storefronts: . Maximum height of copy: 20" 35 sq. ft.• Maximum thickness: 8", (See definition of For Wide storefronts: Storefront in 14-9A) • Maximum height of copy: 30" • Maximum thickness: 10" • Each storefront is allowed up to a total of three (3) signs from the following sign types pro- vided there is a minimum of 20ft. between pro- jecting signs and under -mounted canopy signs along any frontage: Canopy signs, Awning signs, and Projecting signs. • A projecting sign may not project more than 4ft. from the building wall. • The size of a 1 at story projecting sign may be increased up to 18 sq. ft (may be double faced for a total area of 36 sq. ft.) if the sign and storefront meet the following criteria: The floor to ceiling height of the ground level floor is a minimum of 18 ft. and the sign is vertically pro- portioned. • Illumination is not permitted, except as fol - Top of the first lows: - External illumination is permitted provided Storefront 12 sq. ft. May be double story, unless approved as a there are no more than two smalt spot lights of no more than 2,000 lumens shining direct - Projecting Signs faced fora total of 2nd storypro- jetting sign ly on the sign and provided they meet the 14-4G. 24 sq. ft. according to the Light trespass Standards in Article - Halo back -lit illumination may be permitted provisions. subject to approval by Design Review and to the illumination provision for 2nd story signs delineated below. • If the sign is for a Hospitality -Oriented Retail Use or an indoor theater or bowling alley, the sign may be placed on the 2nd story facade of a building subject to approval by Design Review. Illumination for a 2nd story sign will not be permitted if there are existing residential uses on the second floor of the building. • The sign must be affixed to the building so that the sign is perpendicular to the building wall. • The sign may not swing or be easily moved by wind . • Storefront Projecting Signs are subject to Design Review. SECTION II, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provi- sion or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of June, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc-00000MM June 13, 2014 3�3 � r l ]L&N%7pr CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4585, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 3rd day of June, 2014, all as the same appears of record in my office and re -published in the Iowa City Press - Citizen on June 14, 2014. Dated at Iowa City, Iowa, this 14th day of July 2014. Ju K. Voparil J Deputy City Clerk V io �•. L. `��• ; ur 3 OFFICIAL PUBLICATION OFFICIAL PUBLICATION OFFICIAL PUBLICATION vW�+ ORDINANCE NO 14-4666 REZONING ORDINANCE TO Historic Preservation Commission to recommend Block 34, Lots 5-7 and Lot 8 excluding the north 55' of the Printer's Fee 1WM and the. City Council to east 50% Block 35, Lots 1-4 DESIGNATE THE GOOSETOWN/HORACE designate conservation and 6; Block 36, Lots 3-6 and MANN CONSERVATION districts, where deemed the east 60' allot 1; Block 37, CERTIFICATE OF PUBLICATION DISTRICT AS A appropriate, as a means of the north 75' allots 3 and 4, and CONSERVATION DISTRICT preserving the neighborhood the north 37.5' of Lots 1 and 2; STATE OF IOWA, OVERLAY (OCD) ZONE. character of traditional Iowa City Block 48, Lot 2, the north 115' (REZ14-00004) neighborhoods, or for of Lot 1, and Lot 3 excluding preserving, areas that exemplify the west 15' of the south 40% SS. WHEREAS, the applicant, the unique or distinctive Block 49, Lots 6-8; Block 50, JOHNSON CO[INI7r, Iowa City Historic Preservation development patterns; and Lots 1-3; Block 52, Lots 5-8; Commission, has requested WHEREAS, the Historic Block 53, Lots 6-8; Block 54, approval of a rezoning to Preservation Commission Lots 1, 2 and 8, and the east THE IOWA CITY PRESS -CITIZEN designate the Gocsetown/ believes that the designation of 50' of Lot 3 Horace Mann Conservation the Goosetown/Horace Mann pED.ID#42-0330670 District Overlay (OCD) zone for Conservation District will help SECTION II ZONING (�np The Building Inspector is properties generally located on Ronald/, Church, Fairchild and stabilize the neighborhoods located withinthe district hereby authorized and directed I, �� Davenport Streets from east of ea bouradary- _byyproviding for to change the zoning map of the City Iowa City, Iowa, Linn Street to Governor Street design review of exterior of to including properties on Gilbert, changes, building demolition, _.conform to this amendment being duly sworn, say that I am Van Buren, Johnson, Dodge g and new construction, which upon the final passage, approval and this Lucas and governor Streets, Will assure compatibility with publication of the legal clerk of the IOWA CITY and properties generally, the existing character of the ordinance b law. PRESS -CITIZEN, a newspaper located on Bloomington, Marketf and Jefferson Streets district, and will preserve the neighborhood for future SECTION III. GLRT IFIGATION AND RECORDING. Upon in said county, and between Dodge and Governor- Streets residents of Iowa City; and passage and approval of the Ordinance, the City Clerk is published including properties on WHEREAS, the Planning and copy of Dodge, Lucas and Governor g Zoning'Commission believes hereby authorized and directed that a notice, a printed Streets; and that designating the to certify a copy of this which is hereto attaehed,W" WHEREAS, the Goosetown/Horace Mann ordinance and to record the Comprehensive Plan Conservation District is in same, at the office of the published in Haid paper �., encourages the preservation of -accordance with the County Recorder of Johnson County, time(/), on the following date(a % the integrity of existing neighborhoods and the historic Comprehensive Plan and the Zoning Code and has Iowa, at the owner's expense, all as provided by nature of older neighborhoods; recommended approval of the law.SECTION and designation. IV. R P a R All WHEREAS, the Iowa City NOW, THEREFORE, BE IT rdinances and oparts of Historic Preservation Plan ORDAINED BY THE CITY ordinances in conflict with the encourages the protection and COUNCIL OF THE CITY OF provisions of this Ordinance are maintenance of Iowa City's IOWA CITY, IOWA: I hereby repealed. historic resources and the SECTION I APPROVAL, SECTION V. SEVERABILITY. If designation of the Goosetown Property described below is any section, provision or part of Le al Clerk Lagal neighborhood as a local hereby designated as a the Ordinance shall be district; and Conservation District Overlay adjudged to be invalid or WHEREAS, the Central (OCD) Zone, to be known as unconstitutional, such Subscribed and sworn to District Plan -encourages the Goosetown/Horace Mann adjudication shall not affect the reinvestment in residential Conservation District: validity of the Ordinance as a b re me this �Y °f ZQ. properties and support of the Iowa City Historic Preservation LEGAL DESCRIPTION whole or any section, provision or part thereof not adjudged Plan; and All of Blocks 6, 8, 15, 16, 17, invalid or unconstitutional. WHEREAS, the City's 18, 29, and 51 in the Original SECTION VI. EFFECTIVE Strategic Plan contains the Town Subdivision of Iowa City, shall! be Or its goal of maintaining healthy J6hnson County, Iowa, and 'p� t after final neighborhoods; and Block 5, Lots 1-7; Block 7, Lots approval and publication, as Notary Public WHEREAS, the establishment 2-7 and the south 62.7' of Lot provided by law. of a local conservation district 8; Block 9, Lots 2-7; Block 10, Passed and approved this 3rd would further aid the City's 'of Lots 5-8; Block 14, Lots 5-8; day of June, 2014. RACIOLMULA cawrodon Nuftw78" policies preserving the historic building stock; and Block 19, Lots 2-3, the north 50' allot 4, and the north 65' of s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City LV� ExpflN WHEREAS, the Iowa City Lot 1; Block 28, Lots 1-4; Block Clerk • Municipal Code authorizes the 31, the south 95' of Lot 5; 4r1 rca000aaeaee June 14, 2014 1 r i Ll CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4589, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 17th day of June, 2014, all as the same appears of record in my office and published in the Iowa City Press - Citizen on June 26, 2014. Dated at Iowa City, Iowa, this 16th day of July 2014. ,\ V Ju . Voparil Deputy City Clerk �.r Print r se ' Fee 5L01L--n CSRTIFICATS OF pLMLICATION STATS OF IOWAf jOHNSON COUNTY, SS: THS IOWA CM p1tRss-CTTIZHN FSD.ID#42-0330670 If 0. C{t.b� being duly sworn, ay that I am the legal clerk of the IOWA CITY PRSSS-CMZPN, a newspapm' published in raid county, and that a notice, a printed copy of which is hereto attached, was published in aid paper _1..- 61111*e0), on the following date(s): _� rJ Legal Clerk Subscribed and sworn to be 'forg me this �.i I...._ day of v D. 20.• Notary Public P�a,AL�1V RAMM SSM" Cwwr is lm Number 781715 OFFICIAL PUBLICATION ORDINANCE NO. 14-4589 ORDINANCE AMENDING TITLE 14, ENTITLED "ZONING,' CHAPTER 6, ENTITLED, "AIRPORT ZONING," TO PROVIDE THAT A STRUCTURE MAY PENETRATE THE HORIZONTAL OVERLAY ZONE UNDER CERTAIN CONDITIONS. WHEREAS, the City Code pro- vides that a structure may only penetrate the horizontal overlay zone by special exception; WHEREAS, the FAA does allow the horizontal overlay zone to be penetrated (referred to in an air- space study as a "Determination of No Hazard to Navigation"); WHEREAS, a structure should be allowed to penetrate the horizontal overlay zone • without a special exception if it does not affect the daily operations of the airport; WHEREAS, the proposed rezon- ing is reasonable and does not impose any requirement or restric- tion which is not necessary to effectuate the purposes of Chapter 329 of the Code. of Iowa; WHEREAS, the Airport Zoning Commission has reviewed and approved the proposed rezoning; and WHEREAS, it is in the City's best interest to adopt this ordinance.' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA: SECTION I. AMENDMENTS. Title 14, entitled "Zoning," Chapter 6, entitled "Airport Zoning," Section 4, entitled, "Airport Zones," Subsection C, entitled "Horizontal Overlay Zone (HO) Defined" is amended by adding the following new Paragraph 3: The proposed structure may pen- etrate the HO if the Airport Operations Specialist determines that: a) the FAA has issued a "Determination of No Hazard to Navigation;" b) the proposed structure does not exceed any TERPS zone or any other 14 C.F.R Part 77 zone; and c) the proposed structure does not require a change to instrument approaches, minimum safe alti- tude, traffic patterns altitude, takeoff/departure procedures or weather minimums or a change similar in nature either to the approach or departure of an aircraft SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III SEVERABILITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 17 day of June, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk June 26, 2014 1 r i � CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4590, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. Jufie-t . Voparil Deputy City Clerk Q A 8A Iowa City Press -Citizen 7CaSaRTIFICATEOF PUBUCAPON OFFICIAL PUBLICATION ORDINANCE NO. 14-4590 OFFICIAL PUBLICATION City, Johnson County, Iowa, AN ORDINANCE CONDITIONALLY more particularly described as STATE OF IOWA, REZONING APPROXIMATELY 4.40 ACRES OF PROPERTY follows: LOCATED AT 2815 ROHRET Commencing at the Northeast ROAD, FROM COMMERCIAL corner of the Southeast One - COuN, SS OFFICE (CO -1) TO MEDIUM Quarter of the Southwest One- JOWWN at SINGLE-FAMILY Quarter of Section 18, Township PDENSITY LANNED ENT 79 North, Range 6 West, of the OVERLAY (OPD -8). (REZ14- Fifth Principal Meridiap, Iowa THIS IOWA CITY PRBSSXMZBN 000008) As, the applicant, Hodge i City, ncJohnson e S00'12'3Cou aloCounty,Iowa; the FISD.ID#42-0330670 Construction Company, has requested a rezoning of property East line of said Southeast One- Quarter of the Southwest One - located at 2815 Rohret Road from Quarter, 39.41 feet, to the Point Commercial Office (CO -1) to of Beginning; Thence continuing Medium Density Single Family S00'12'31 'E along said East line, Planned Development Overlay 616.07 feet; Thence being duly sworn, MY that I am (OPD -8); and WHEREAS, the Comprehensive Plan indicates that this property is N47'50'48"W, 729.53 feet; Thence N18'07'42"E, 103.49 feet; Thence the legal clerk of the IOWA CITY appropriate for clustered residential development; and N87'53'54"E, 200.08 feet; Thence N77'08'39"E, 88.45 feet; Thence N89'42'54"E, P CITIZW, a newspaper WHEREAS, the Planning and Zoning Commission has the 220.21 feet, to said Point of Beginning. Said Tract of Land in old comity, and reviewed the proposed rezoning and determined that it complies contains 4.40 acres and is sub - ject to easements and restric- ppublished a copy of with the Comprehensive Plan pro- vided that it meets conditions tions of record. It, ZONING that Is notice, printed which Is hereto attached, w" addressing the need for sound abating design and construction _SECTION MAP The building official is hereby authorized and directed to change the zoning ,f� in •aid paper•+ "' techniques; and WHEREAS, Iowa Code §414.5 map of the City of Iowa City, Iowa, to conform to this amendment upon ppublished time(/), on the following date/)S (2013) provides that the City of Iowa City may impose reasonable condi- tions the final passage, approval and publication of the ordinance as on granting an applicant's approved by law. rezoning request, over and above SECTION III ONDITIONAI pexisting 8 11q regulations, in order to sat- ZONING AGREEMENT, The mayor isfy public needs caused by the , is hereby authorized and directed to requested change; and. WHEREAS, the owner and appli- sign, and the City Clerk attest, the Conditional Zoning Agreement cant has agreed that the property between the property owner(s) and shall be developed in accordance the City, following passage and with the terms and conditions of the approval of this Ordinance. Legal Clerk Conditional Zoning Agreement attached hereto to ensure appropri- SECTION IV. CFRTIEICATION AND RECORDING Upon passage and ate development in this area of the approval of the Ordinance, the City . f`_, �nd Subscribed„sworn t0 city. NOW, THEREFORE, BE IT Clerk is hereby authorized and directed to certify a copy of this �1 day of ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: ordinance, and record the same in the Office before this SECTION I APPROVAI Subject to of the County Recorder, Johnson County, Iowa, at the A44CO A.D. the Conditional Zoning Agreement Owner's expense, upon the final attached hereto and incorporated herein, property described below is passage, approval and publication of this ordinance, hereby reclassified from its current as provided by law. zoning designation of Commercial SECTION V REPEALER ER AND Office (CO -1) to Medium Density BELF&&U— All ordinances and parts Planned Development Overlay of ordinances in conflict with the (OPD -8):' A portion of the Southeast One- provisions of this Ordinance, partic- ulariy Ordinance Number 08-4298 ,A`, i WvnEs i� Quarter of the Southwest One- Quarter of Section 18, Township and the associated Conditional Zoning Agreement ^^,��,,�..&7 �'e'� 79 North, Range 6 West, of the recorded at Book 4385, Page 553-560, in the CommWrbn EV rep my Fifth Principal Meridian, Iowa records of the Johnson County p -A . lit - L!S `i ot�„�s l 5 '� . Recorder, are hereby repealed and ublication requested change; and able conditions on granting an Conditional Zoning Agreement. released. SECTION VI. SEVERABJUTY. If WHEREAS, the Owner acknowl- edges that certain conditions and applicant's rezoning request, over and above the existing 6. The parties acknowledge that any section, provision or part of the Ordinance shall be adjudged to be restrictions are reasonable to ensure the development of the property is regulations, in order to satisfy public needs, caused by the this Conditional Zoning Agreement shall be deemed to invalid or unconstitutional, such consistent with the Comprehensive requested change. be a covenant running with the land and with title to the land, adjudication shall , not affect the validity of the Ordinance as a whole Plan and the need to mitigate noise along Highway 218; and 3. In consideration of the City's and shall remain in full force or any section, provision or part thereof not adjudged invalid or WHEREAS, the Owner agrees to develop this property in accordance rezoning the subject property, Owner agrees that develop- and effect as a covenant with title to the land, unless or until unconstitutionalwith the terms and conditions of a ment of the subject property released of recons by the City of SECTION VII. EFFECTIVE DATE. Conditional Zoning Agreement. will conform to all other require- Iowa City. This Ordinance shall be in effect after its final passage, approval and NOW, THEREFORE, in consider- ation of the mutual promises con- ments of the zoning chapter, as well as the following conditions: The parties further acknowl- as rovided by law tained herein the parties agree as edge that this agreement shall pP , Passed and approved this 19th follows: a• day of August, 2014. 1. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), and Hodge Construction Company (hereinafter "Owner'7. WHEREAS, Owner is the legal title holder of approximately 4.40 acres of property located at 2815 Rohret Road; and WHEREAS, the Owner has requested the rezoning of said prop- erty from Commercial -Office (CO -1) to Medium -Density Single Family Residential Planned Development Overlay (OPD -8); and WHEREAS, the Comprehensive Plan indicates that the property is appropriate for clustered residential development; and WHEREAS, the Planning and Zoning Commission hes determined that, with appropriate conditions regarding sound abating design and construction techniques, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, these conditions for rezoning supersede any conditions required in the previous Conditional Rezoning Agreement attached to Ordinance Number 08-4298 approved adopted by the City Council on March 4, 2008 (Book 4385 Page 553-560 Johnson County Recorder); and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, to order to sat- isfy public needs caused by the Hodge Construction Company is the legal- title holder of the property legally described as follows: A portion of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the Northeast corner of the Southeast One - Quarter of the Southwest One - Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S00°12'31 "E, along the East line of said Southeast One -Quarter of the Southwest One -Quarter, 39.41 feet, to the Point of Beginning; Thence continuing SOO"12'31'E along said East line, 616.07 feet; Thence N47°50'48"W, 729.53 feet; Thence N18°07'42"E, 103.49 feet; Thence N87°53'54"E, - 200.08 feet; Thence N77°08'39"E, 88.45 feet; Thence N89°42'54"E, 220.21- feet, to said Point of Beginning. Said Tract of Land contains 4.40 acres and is sub- ject to easements and restric- tions of record. 2. The Owner acknowledges that the City wishes to ensure con- formance to the principles of the Comprehensive Plan and the Southwest District Plan. Further, the parties acknowl- edge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reason - Existing healthy trees within of 80 feet of the Highway 218 right-of-way shall be preserved except where it is necessary to remove trees for installation of stormwater management facilities as shown on the Preliminary Areas Site Plan; Sound -abating construction materials shall be used for any structures built on the subject land to reduce inte- rior sound levels. Such materials shall include masonry, fiber cerement sid- ing, and laminated windows, as, shown on the building elevation drawings; c. Owner shall maintain the sidewalk installed within the Rohret Road right-of-way in accordance with city code and state law; and d, Development of the property shall substantially conform with the Preliminary Sensitive Areas Site Plan and eleva- tions drawings attached to this agreement. 4. The Owner and City acknowl- edge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013),'and that said conditions satisfy public needs that are caused by the requested zon- ing change. 5. The Owner and City acknowl- edge that in the event the sub- ject property is transferred, sold, redeveloped, or subdivid- ad, all redevelopment will con- form to the terms of this inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledge(s) that nothing in this Conditional Zoning Agreement shall be con- strued to relieve the Owner or future owners from complying with all other applicable local, state, and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezon- ing the subject property, and that upon adoption and publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 25th day of June, 2014. CITY OF IOWA CITY Matthew Hayek, Mayor Attest: Marian K. Kar, City Clerk HODGE CONSTRUCTION CO. �n By. a r PC400003M2 August 28, 2014 64c p toEEO w z ®s U) LL�/Q€ z: iF- g � 0 W `f 9 oQ U O = zLo 00 N e �gkppy! fli f�7Y��i�t i6EiS's���P� €€6€s4ie€ �!!II f;' �IIEfE•.Yf ,Ubpi tug RSV Lm� C CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4591, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. Jufi . Voparil Deputy City Clerk Printer's FWZ I' " CwtirIFICATS OF puBUCATION STA'I'R OF IOWAI jONNSON COUNTY, SS: THS IOWA CM PRSSS-Crn FSD.ID#42-0330670 I, being duly Sworn, ay that I am the legal clerk of the IOWA CITY PttSSS-CI'TI7.SNI a nerwpap� published in paid count', and that a notice, a printed copy of which is hereto attached, was published in aid paper I-- time(s), on the following date(")' 2uoClerk Subscribed and sworn to before m this " day of .D. 20., - mmww Public ADAM JAMES KAI My Comms E OFFICIAL PUBLICATION ORDINANCE NO. 14-4691 AN ORDINANCE REZONING APPROXIMATELY 3.02 ACRES OF PROPERTY FROM COMMUNITY COMMERCIAL (CC -2) ZONE TO RIVERFRONT CROSSINGS WEST RIVERFRONT(RFC-WR) ZONE LOCATED ON THE %1 SIDE OF SOUTH RIVERSIDE DFNVE, NORTH OF BENTON STREET AND SOUTH OF THE IOWA INTERSTATE RAILROAD(REZ14-00009). WHEREAS, the applicant, Emrico Properties LLC, has requested a rezoning of property located at 629 South Riverside Drive from Community Commercial (CC -2) to Riverfront Crossings - West Riverfront (RFC -WR); and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the subject property is located in the West Riverfront Subdistrict of the Riverfront Crossings District; and . WHEREAS, the Riverfront Crossings - West Riverfront (RFC - WR) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a more pedestrian - friendly character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto -dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restaurants, and other services; and WHEREAS, the requested rezoning will result in a significant increase in the residential population in -the area, which will increase. the pedestrian traffic along the Riverside Drive right-of- way, which currently is too narrow ,to provide adequate pedestrian facilities to accommodate such an increase; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the Riverside Drive right-of- way to create a larger landscape buffer between the traffic lanes and the public sidewalk and an easement is granted or land dedicated to the City to provide for construction of a pedestrian tunnel under the Iowa Interstate Railroad; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY. IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified. from its current zoning designation of Community Commercial (CC -2) to Riverfront Crossings - West Riverfront (RFC - WR): LEGAL DESCRIPTION Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed Book 58, at Page 37 of the Records of the Johnson County Recorder's office. Said parcel of land contains 3.02 Acres, (131,459 square feet), and is subject to easements and restrictions of record. SECTION 11, ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION 111, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office. of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of August. 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Hartwig Properties LLP (hereinafter "Owner"), and Emdoo Properties LLC (hereinafter "Applicant"). WHEREAS, Owner is the legal title holder of approximately 3.02 acres of property located west of South Riverside Drive, north of West Benton Street, east of Orchard Street, and south of the Iowa Interstate Railroad; and WHEREAS, the Owner has requested the rezoning of said property from Community Commercial (CC -2) to Riverfront Crossings-- West Riverfront (RFC - WR); and WHEREAS, the Planning and Zoning - Commission has determined that, with appropriate conditions regarding pedestrian safety and comfort, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on grantirig an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for pedestrian safety and comfort; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Hartwig Properties LLP is the legal title holder of the property legally described as follows: Auditor's Parcel 2013054 in accordance with the Plat thereof recorded in Deed Book 58, at Page 37 of the Records of the Johnson County Recorder's office. Said Parcel of land contains 3.02 Acres, (131,459 square feet), and . is subject to easements and restrictions of Record. 2. The Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions to be satisfied upon redevelopment of the property: a. Owner shall dedicate a strip of land 10 feet wide along the subject property's entire Riverside Drive frontage to the City to enable the widening of the public right- of-way to enhance pedestrian safety along the corridor; and b. The existing northernmost curb cut to Riverside Drive shall be closed. The property shall be served by only one curb cut to Riverside Drive; and c. Owner shall dedicate the necessary land to the City or grant a public access easement at the northeast corner of the subject property to allow a public sidewalk to be extended under the Iowa Interstate Railroad embankment in a location determined by the City. 4. The Owner and Applicant, and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with tide to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that thisagreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 19th day of August, 2014. CITY OF IOWA CITY Matthew J. Hayek, Mayor Attest: Marian -K- rr, i y Clerk By: H g Prorties LLP L" /,- By: Emrico Properties LLC rca0000" av August 28, 2014 � � 1 II; CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX wvww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4592, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. Jdwie . Voparil Deputy City Clerk prilnter'� Poe SJ.+d=.�-� CERTIFICATE OF pUBUCATION STATE OF IOWA# ,10HMON COUNTY, 0 TH8 IOWA CITY PRV447MIN FW.ID#42-0330670 I /d� C'Cos� f being duly Sworn, say that 1 am the legal clerk of the IOWA CTIA PRESS MIM, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper J- tisgs), on the following date(s)9 <�k)% (q 2Lqaerk Subscribed and sworn to before meds - �r Of A.D.20.j..• matary public ADAM J S i� m7 C'a„MW E A) . OFFICIAL PUBLICATION ORDINANCE NO. 144982 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 4,000 *SQUARE FEET OF PROPERTY FROM CENTRAL BUSINESS SERVICE (CB -2) ZONE TO CENTRAL BUSINESS SUPPORT (CB -5) ZONE AND LOCAL HISTORIC LANDMARK DESIGNATION LOCATED AT 203 N LINN ST. (REZ-00007) WHEREAS, the applicant, Michael Hodge, has requested a rezoning of property located 203 N. Linn Street from Central Business Service Zone (CB -2) to Central Business Support Zone (CB -5) and local Historic Landmark designation; and WHEREAS, the Comprehensive Plan indicates that development that is sensitive to the neighbor- hood's scale, history and architec- tural significance is encouraged in the Northside Market Place com- mercial area; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan pro- vided that if the existing building is destroyed, redevelopment of the property will follow the height stan- dards for a CB -2 zone to assure that it is an appropriate scale for the Northside Market Place commercial area , and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the owner has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city; and WHEREAS, the Historic Preservation Commission has determined that the property quali- fies for designation as a local Historic Landmark due to its origi- nal use as the Bashnagel Bakery and representation of early com- mercial architecture. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to lba.QQWitional Zoning Agreement ac15)a ereto and incorporated hereperty described below is erelassified from its current Mingesignation of Central Iervice District (CB -2) to Pentsiness Support District B - designated as a local THE SO TH 50' OF LOT 8 BLOCK 68 OF _JON'S FIRST ADDITION, JOHNSON COUNTY, IOWA. SECTION II ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER, All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in affect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of August, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Kan, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), HCB Properties, L C (here- inafter "Owner"). WHEREAS, the Owner is the legal title holder of approximately 4,000 square feet of property located at 203 N. Linn Street; and WHEREAS, the Owner has requested the rezoning of said property from Central Business Service (CB -2) zone to Central Business Support (CB -5) zone and designation as a local Historic Landmark; and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding building scale, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, the Historic Preservation Commission has determined that the property quail - flea for designation as a local Historic Landmark due.to its origi- nal use as the Bashnagel Bakery and representation of early com- mercial architecture. WHEREAS, Iowa Code §414:5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the Property is consistent with the Comprehensive Plan and the need to assure that if the historic building is destroyed, the scale of develop- ment will be appropriate for the Northside Market Place commercial area; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 5 <1 " - ;.�.�- ' (�; . _=�,,.,.� 1. HB Properties L Cis the legal title holder of the property legally described as: THE SOUTH 50' OF LOT 8 BLOCK 68 OF LYON'S - FIRST ADDITION, IOWA CITY, JOHNSON COUNTY, IOWA. 2. The Owner acknowledges that the City wishes to ensure con- formance to the principles of the Comprehensive Plan. Further, the parties acknowl- edge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reason- able conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner agrees that develop- ment of the subject property will conform to all other require- ments of the zoning chapter, as well as the following condition: In the event that the structure is damaged or destroyed by fire, explosion, as of God, or by a public enemy, and rehabilita- tion is not possible, any rede- velopment of the property shall comply with the building height standards of the CB -2 zone, as set forth in the Iowa City Zoning Code, which may be amended. 4. The Owner and City acknowl- edge that the conditions con- tained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zon- ing change. 5. The Owner and City acknowl- edge that in the event the sub- ject property is transferred, soli, redeveloped, or subdivid- ed, all redevelopment will con- form with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowl- edge that this agreement shall inure to the benefit of and,bind all successors, representatives, and assigns of the parties. 7. The Owner, acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezon- ing the subject property, and that upon adoption and pubN- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 19th day of August, 2014. CITY OF IOWA CITY Matthew Hayek, Mayo Attest: Marian K. Karr, City Clerk c4w�f6 By: �! E• (crime., .. Poa00003 I August 28, 2014 look — -41 *, + I� CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4593, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. Ju I K. Voparil Deputy City Clerk Printer's Pee $ CERTIPICATS OF PUSUCA77ON STATE OF IOWA, JOHNSON COWMO SS: THB IOWA CITY IPR>tS XMZEN FW.ID#42-0330670 being duly sworn, ay that I AN the legal clerk of the IOWA CITY PRESS-CrrIM, A new"Wpe' published in Laid county, and that a notice, a printed copy of which is hereto attached, was published in aid paper,,.... tiMe(s), on the following date(s): Legal Clerk Subscribed and sworn to before this day of .D. 20• ADAM JAMES K A% Cow*" Nunt My Cb T-ISS10�1 SECTION III. CONDITIONAL ORDINANCE NO. 14-4593 ZONING AGREEMENT. The mayor is hereby authorized and directed to AN ORDINANCE sign, and the City Clerk attest, the CONDITIONALLY REZONING Conditional Zoning Agreement APPROXIMATELY 39.6 ACRES between the property owner(s) and OF PROPERTY the City, following passage and LOCATED AT 4701 HERBERT approval of this Ordinance. HOOVER HIGHWAY FROM SECTION IV. CERTIFICATION COUNTY RESIDENTIAL ('R) TO AND RECORDING. Upon passage INTERIM DEVELOPMENT and approval of the Ordinance, the SINGLE FAMILY RESIDENTIAL City Clerk is hereby authorized and (ID -RS). (REZ14-00009) directed to certify a copy of this WHEREAS, the applicant, Build to ordinance, and record the same in Suit Inc., with the consent of the the Office of the County Recorder, owner, AGRD Green Bay, L.L.C, hes Johnson County, Iowa, the Owner's expense, upon thea final requested a rezoning of g proPe►tY located at 4701 Herbert Hoover passage, approval and publication Highway from County Residential of this ordinance, as provided by (R) to Interim Development Single law. SECTION V. REPEALER. All Family Residential (1 D -RS); and WHEREAS, the Comprehensive ordinances and parts of ordinances Plan Future Land Use map shows in conflict with the provisions of this the subject property as incorporated Ordinance are hereby repealed. into Iowa City, and SECTION VI. SEVERABILITY. If WHEREAS, the Comprehensive any section, provision or part of the Plan - Northeast District Plan Ordinance shall be adjudged to be invalid or unconstitutional, such indicates that the subject property adjudication shall not affect the is appropriate for residential development; and validity of the Ordinance as a whole WHEREAS, Interim Development or any section, provision or part zoning is appropriate for the thereof not adjudged invalid or unconstitutional. property until such a time as a development plan is submitted in SECTION VII. EFFECTIVE DATE. compliance with the Comprehensive This Ordinance shall be in effect after its final passage, approval and Plan; and WHEREAS, the Planning and publication, as provided by law. Zoning Commission has the Passed and approved this 19th reviewed the proposed rezoning day of August , 2014. and • determined that it complies s/Matthew J. Hayek, Mayor with the Comprehensive Plan Attest: s/Marian K. Karr, City Clerk provided that it meets conditions addressing the need for pedestrian CONDITIONAL ZONING access to the city sidewalk system; AGREEMENT and WHEREAS, Iowa Code §414.5 THIS AGREEMENT is made between the City of Iowa City, Iowa, (2013) provides that the City of Iowa a municipal corporation (hereinafter City may impose reasonable "City") and AGRD Green Bay, L.L.C. conditions on granting an (hereinafter "Owner/Applicant"). applicant's rezoning request, over and above existing regulations, in WHEREAS, the Owner/Applicant order to satisfy public needs caused is the legal title holder of by the requested change; and approximately 39.6 acres of WHEREAS, the owner and property located at 4701 Herbert applicant have agreed that the. Hoover Highway; and property shall be developed in accordance with the terms and WHEREAS, the Owner/Applicant conditions of the Conditional has requested the rezoning of said Zoning Agreement attached hereto property from County Residential to ensure appropriate development (R) to Interim Development Single in this area of the city. Family Residential (I D -RS); and THEREFORE, BE IT WHEREAS, the Planning and ORDAINE BY THE CITY COUNCIL Zoning Commission has determined THE C OF IOWA CITY, IOWA: that, with appropriate conditions :SF ECTIO I APPROVAL. Subject to regarding pedestrian access to the Cond onal Zoning Agreement city sidewalk system, the requested diad ereto and incorporated zoning is consistent with the rein, p y described below is reby ssified from its current zoning signation of County Comprehensive Plan; and Residenti (R) to Interim WHEREAS, Iowa Code §414.5 Devel nt Single-family (2013) provides that the City of Iowa i en is (I D -RS): City may impose reasonable LEC>IAAL DESCRIPTION conditions on granting an applicant's rezoning request, over THE NORTHWEST QUARTER OF and above existing regulations, in THE NORTHEAST QUARTER OF order to satisfy public needs caused SECTION 7 IN TOWNSHIP 79 by the requested change; and . NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. WHEREAS, the Owner/Applicant CONTAINING 39.60 ACRES, AND acknowledges that certain IS SUBJECT TO EASEMENTS conditions and restrictions are AND RESTRICTIONS RECORD. reasonable to ensure the development of the property is SECTION 11. ZONING MAP. The consistent with the Comprehensive building official is hereby authorized Plan and the need for pedestrian and directed to change the zoning accessibility; and map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. WHEREAS, the Owner/Applicant agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: '1. AGRD Green Bay, L.L.C. is the legal title holder of the property legally described as: THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7 IN TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN. CONTAINING 39.60 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS RECORD. 2. The Owner/Applicant acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan and the Northeast District Plan: Further, the parties acknowledge that Iowa Code §414.5 (201'3) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the exisling regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, the Owner/Applicant agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following condition: • The developer shall provide pedestrian access connecting the subject land to the city sidewalk system. Said access shall be constructed concurrently with the public improvements for any subdivision of the subject land, and may be constructed using [either concrete or asphalt. The developer may determine the route, but will be responsible for acquiring any necessary property rights from intervening property owners, including Johnson County, at developer's cost. The City will grant any temporary construction easement to the Developer to the extent that this access is provided within City -owned public right-of-way. 4. The Owner/Applicant and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner/Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this - Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner/Applicant acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner/Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner/ Applicant's expense. Dated this 19th day of August, 2014 CITY OF IOWA CITY .dO,­I�S, Matthew J. Hayek, Mayor Test: / k 2(. V Maria K. Karr City Clerk By U•, f�wwep PC4 n August 28, 2014 uup' CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa S2240-1826 (3 19) 356-5000 (319) 356-5009 FAX tvww.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4594, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. `\ �z � K. Voparil Deputy City Clerk Printer's Pee $ CERTIFICATE OP PIIBLICA77ON STA713 OF IOWA, JOHNSON COUNTY, SSI THE IOWA CITY PRESS-CITIM FED.ID#424330670 it being duly sworn, may that 1 am the legal clerk of the IOWA CITY PRESS -CITIZEN, A newsPPW published in raid county, and that a notice, a printed copy of which Is hereto attached, war published in said paper ' ) time(s), on the following date(s): a_L_._. rrr� Leal Clerk Subscribed and sworn to before m this 2 g day of D. 20�• Notary Public ADAM JAMES KAI ri0f111111SS1011 NLur w OFFICIAL PUBLICATION ORDINANCE NO. 14-4584 AN ORDINANCE AMENDING TITLE 14, ZONING CODE, CHAPTER 4, USE REGULATIONS, ARTICLED, TEMPORARY USES, TO ALLOW OUTDOOR SERVICE AREAS ASSOCIATED WITH RESTAURANTS AS TEMPORARY USES IN RESIDENTIAL AND MIXED-USE ZONES. WHEREAS, Outdoor Service Areas for alcohol service are currently permitted only in certain commercial zones; and WHEREAS, With the addition of regulatory conditions, restaurants in mixed-use zones and residential zones which would benefit from being able to have a limited Outdoor Service Area, with the added benefit of creating enhanced business opportunities along with improving the viability of walkable neighborhood establishments; and WHEREAS, Outdoor seating in an Outdoor Service Area associated with a restaurant is a desirable use for restaurant patrons, provided there are conditions related to limit the size and scope of the Outdoor Service Area; and WHEREAS, Outdoor Service Areas permitted as a temporary use will not be considered an expansion of a non -conforming use as the Outdoor Service Area is temporary; and WHEREAS, The. City regulates various aspects of Outdoor Service Areas through regulatory provisions concerning location, screening, exits, occupancy, noise, signage and building code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AM Nn nCKM The Code of Ordinances of the City of Iowa City, Iowa is hereby amended as follows: 1. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 2, Temporary Uses Allowed, is hereby amended by adding a new subparagraph as follows: An Outdoor Service Area, as defined in Title 4, operated in'' conjunction with a .In establishment that is a nonconforming eating establishment, an eating establishment allowed pursuant to a residential planned development overlay zone, or an eating establishment located in the Mixed Use Zone. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 4, Approval Criteria. is hereby amended by adding a new subsection "1" as follows: I. Where an Outdoor Service Area is allowed only as a temporary use pursuant to this Article, a temporary use permit may be granted upon satisfaction of the following additional approval criteria: The outdoor service area is operated in conjunction with a "restaurant" as defined in Title 4, Alcoholic Beverages; 2. The outdoor service area shall only be operational while the establishment is serving food from an on -premises kitchen and the outdoor service area must be closed to all patrons by ten o'clock (10:00) P.M. or when the kitchen is closed, whichever is earlier. 3. The outdoor service area occupancy limit shall not exceed thirty (30) persons. 4. A lighting plan for the outdoor service shall pe filed with the application and approved by the Building Official. 5. The Outdoor Service Area is located on the street -facing side of the building, or in an enclosed courtyard. 6. Conformance with all other criteria in Title 4, Alcoholic Beverages. 3. Title 14, Zoning Code, Chapter 4, Use Regulations, Article D, Temporary Uses, Section 5, Conditions of Approval, Subsection A is hereby amended by repealing said Subsection A and adopting a new Subsection A as follows: A. Provision for a fixed period of time, not to exceed one hundred eighty (180) calendar days, for a temporary use not occupying a structure, including promotional activities; , or one year for Outdoor Service Areas, all other uses, and structures; or for a shorter period of time as determined by the Building Official. SECTION II REPEALER, All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION 111. SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IVV, EFFECTIVE DAT This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of August, 2014 s/Matthew J. Hayek, Mayor Attest: S/Marian K. Karr, City Clerk PC6000039979 August 28, 2014 � r AN�►'` rrr®�,11 CITY OF IOWA CITY 410 East Washington Strcet Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4595, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. �_lf K.AVopariI Deputy City Clerk An entrance way/gate more than AMMAnass tater$ 4ft in height in Residential Zones, J",L.,�� provided it is designed to be C0MMWW NW 1 compatible with and enhance the surrounding neighborhood. An '�w identification sign no more than 12 0 square feet in area incorporated as aii�� an integral element of the entrance way/gate may be permitted as part of the requested minor modification. B. Amend subsection 14-4C- 2L(2)(d) by adding the following to the end of the paragraph: A minor modification may be requested to adjust the height of an entrance way gate in a fence located within a front yard setback area according to the procedures and approval criteria for minor modifications contained in Chapter 4, article B of this title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by Jaw. Passed and approved this 19th day of August, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk rce000030 a August 28, 2014 rinters/ Fee li—aU �' OFFICIAL PUBLICATION ORDINANCE NO. 14-4595AN FCIEBRITIFICA-MOF PUBLICATION ORDINANCE AMENDING TITLE 14, ZONING CODE, STATS OF IOWA! CHAPTER 4, USE REGULATIONS, ARTICLE B, MINOR MODIFICATIONS, TO ALLOW ARCHWAYS AND COUNT�� '' GATES OVER 4 FEET IN HEIGHT JO*„/�N ��SO IN REQUIRED RESIDENTIAL FRONT YARD SETBACKS. THB IOWA CITY PRSSS-CITiM WHEREAS, it is the general purpose of the Zoning Code F5D.ID#42-0330674 regulations to enhance and protect the physical appearance and safety of the community, to protect property values and to preserve I! Iowa City's areas of natural, historic and scenic beauty; and WHEREAS, the current fence being duly •worn, a that I AN y regulations limit the height of fences and any portion of a fence, IOWA CITY ' such as a gate, to no more than 4ft the legal clerk of the in a front yard setback area; and PRWA-CITIM, a new/paper WHEREAS, it is reasonable and in the best interests of the City to provide for flexibility in applying the published in aid County, and aforementioned standard in cases that a notice, a printed copy of where allowing a taller integrated structure would enhance the which is hereto attached, was streetscape and neighboring properties; and in aid paper..,. WHEREAS, the Minor Modification section of the Zoning published date(s)7 Code allows for administrative time(s), on the following review of minor modification applications and input from property owners within 200ft of the subject property; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed changes to the Minor Modification ordinance and recommend approval; and WHEREAS, this amendment Clerk satisfies the purpose of the Zoning Legal Code regulations and is in the public interest. SUhscriW and sworn to NOW, THEREFORE, BE IT OORDAINL ED BY THE CITY this day of OF THE CITY OF IOWAbefore CITY, IOWA: a _,,�.�_ SECTION I. The Code of �A �� Ordinances of the City of Iowa City, Iowa is hereby amended as I follows: A. Amend subsection 14 -4B -1A by adding a paragraph 23, as follows: An entrance way/gate more than AMMAnass tater$ 4ft in height in Residential Zones, J",L.,�� provided it is designed to be C0MMWW NW 1 compatible with and enhance the surrounding neighborhood. An '�w identification sign no more than 12 0 square feet in area incorporated as aii�� an integral element of the entrance way/gate may be permitted as part of the requested minor modification. B. Amend subsection 14-4C- 2L(2)(d) by adding the following to the end of the paragraph: A minor modification may be requested to adjust the height of an entrance way gate in a fence located within a front yard setback area according to the procedures and approval criteria for minor modifications contained in Chapter 4, article B of this title. SECTION II. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by Jaw. Passed and approved this 19th day of August, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk rce000030 a August 28, 2014 � r 1 P .Y._ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4596, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 19th day of August, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on August 28, 2014. Dated at Iowa City, Iowa, this 10th day of September 2014. J i K. Voparil Deputy City Clerk Printer's In Z� lz CBRTIPICATE OF PUBLICATION STATE OF IOWA, jo"SON COUNTY, SSI THE IOWA CITY PRESS .CT Z94 M.ID#42-0330670 I Cac, Il ll9c v1 f being duly sworn, ay that I M the legal clerk of the IOWA CITY PRRWCff ZBM, a newspaper published in aid county, and that a notice, a printed copy of which is hereto attached, was published in aid paper _,(.... time(s), on the following date(s)I Legal Clerk Subscribed and sworn to before m this day of .D. 104- 14007 Public AD* JAMES 001'IN1JWM NUq OFFICIAL PUBLICATION 1. Location Restrictions: ORDINANCE NO. 14-4596 a. An outdoor service area must AN ORDINANCE AMENDING be located on private property TITLE 4, ALCOHOLIC and may not encroach on the BEVERAGES, CHAPTER 3, public right of way. OUTDOOR SERVICE AREAS; SEASONAL, FIVE DAY OR b. An outdoor service area shall h FOURTEEN DAY LICENSES AND not be located on any side ll PERMITS, SECTION 1, licensed establishment which OUTDOOR SERVICE AREAS, TO fronts on a street unless the CLARIFY AND MAKE outdoor service area is being g CONSISTENT LOCATION operated in conjunction with a RESTRICTIONS AND "restaurant" as defined in CONDITIONS FOR OUTDOOR section 4-1-1 of this title. SERVICE AREAS IN COMMERCIAL AND c. An outdoor service area must RIVERFRONT CROSSINGS be immediately adjacent to the ZONES licensed establishment of which it is a part. WHEREAS, The City regulates various aspects of Outdoor Service d. An outdoor service area is Areas ("OSAs") (areas with alcohol permissible in any Central l service on private property) through Business Zone, according to regulatory provisions concerning the provisions of this Chapter. location, screening, exits, occupancy, noise, signage and e. An outdoor service area is building code; and permissible in any Riverfront Crossings Zone in accordance WHEREAS, Iowa City has adopted with this Chapter and subject a new zoning classification known to the following: as Riverfront Crossings Zones; and (1) Outdoor service areas must WHEREAS, OSAs are appropriate be closed to all patrons by ten in Riverfront Crossings Zones with o'clock (10:00) P.M. regulatory conditions to limit the size, hours of operation and lighting rve ry e ic (2) Where the outdoor service to ensure compatibility with area is with in 1 00' residential living in the Riverfront residential zone, the Crossings District; and occupancy limit shall not exceed thirty (30) persons. WHEREAS, OSAs associated with a restaurant may be appropriate in (3) A lighting plan for the outdoor other non"Central Business District service area must be filed Commercial Zones within 1 00 feet with the application and of a residential zone in accordance approved by the city with the certain conditions to limit manager, or designee. size, hours of operation and lighting; and (4) The City Council may impose additional conditions on the WHEREAS, OSAs associated with restaurants may also be appropriate as a temporary use in residential and mixed use zones, subject to certain location restrictions and conditions as stated in Title 14 of the Zoning Code; and WHEREAS, Staff recommends approval of this ordinance as it is in the public interest to enhance business opportunities and improve the viability of walkable neighborhood establishments with conditions to protect adjacent residences. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1111111111111111116M la tFavu Title 4, Alcoholic Beverages, ne/�7 Chapter 3, Outdoor Service Areas; wl Seasonal, Five Day or Fourteen Day Licenses and Permits, Section 1, Outdoor Service Areas, Section C, Regulation of Outdoor Service Areas, is hereby amended by repealing Section C(1) in its entirety and adopting a new Section C(1) as follows: C. Regulation of Outdoor Service Areas: The operation of an outdoor service area shall be subject to the following terms, conditions and regulations: outdoor service area permit If sufficient conflicts with properties in an adjacent R (residential) zone have been identified or are to be reasonably expected. (5) In the event that property within one hundred feet (1 00') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area. in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of City Council authorization for the outdoor service area. An outdoor service area is permissible in the CO -1, CN -1, CH -1, CIA, and CC -2 zones, according to the provisions of this Chapter and subject to the following limitations where any part of such outdoor service area is located within one hundred feet (100') of an R (residential) zone: (1) The outdoor service area shall be operated in conjunction with a "restaurant", as defined in section 4-1-1 of this title. (2) The outdoor service area shall only be operational while the establishment is serving food from an on -premises kitchen. Outdoor service areas must be closed to all patrons by ten o'clock (10:00) P.M. or whenever the kitchen is closed, whichever is earlier. (3) The outdoor service area occupancy limit shall not exceed thirty (30) persons. (4) A lighting plan for the outdoor service area must be filed with the application and approved by the city manager, or designee. (5) The City Council may impose additional conditions on a permit for such an outdoor service area, if sufficient conflicts with properties in the adjacent R (residential) zone have been identified or are to be reasonably expected. (6) In the event that property within one hundred feet (100') of an established outdoor service area is rezoned to any R (residential) zone classification, such outdoor service area shall be permitted to continue in operation so long as it is continuously authorized as such by the City Council without lapse, suspension or revocation. The City Council may waive operation of this provision to permit continued operation of the outdoor service area in the event of lapse or suspension of the license or permit for the establishment or in the event of lapse or suspension of City Council authorization for the outdoor service area. g. An outdoor service area located within an R (Residential) zone or an MU (Mixed Use) zone may be allowed as a temporary use under certain circumstances set forth in Article 14-40, and shall not be treated as a temporary outdoor service area for the purposes of this Chapter. SECTION 11, REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional SECTION IVV, EFFECTIVE DATE, This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 19th day of August, 2014 s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk PC_000Ww.l August 28, 2014 r :rl1,4 g j7q'. CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4597, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 7th day of October, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October, 16, 2014. Dated at Iowa City, Iowa, this 14th day of November 2014. kffle,)<. Voparil Deputy City Clerk Printer's Fee $__) Q —)- % $ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 10 Set. -w- C✓ o S 61 being duly sworn, say t at I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, as published in said paper time(s), on the folio wi g date(s): Legal Clerk v Subscribed and sworn to before me thisday of. o Cr A.D. o Notary gdbhi ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08104/2017 OFFICIAL PUBLICATION ORDINANCE NO. 14-4597 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 33.37 ACRES OF PROPERTY LOCATED ON THE EAST SIDE OF CAMP CARDINAL ROAD NORTH* OF CAMP CARDINAL BOULEVARD FROM INTERIM DEVELOPMENT SINGLE FAMILY RESIDENTIAL (ID -RS) TO LOW DENSITY SINGLE FAMILY RESIDENTIAL (RS -5). (REZ14-00012) WHEREAS, the applicant, St. Andrew Presbyterian Church, has requested a rezoning of property located north of Camp Cardinal Boulevard and east of Camp Cardinal -Road from Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5); and WHEREAS, the Comprehensive Plan indicates that the area is appropriate for low to medium density single family residential uses; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for the improvement- of Camp Cardinal Road and the extension of water and sewer lines; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owner and applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation . of Interim Development Single Family Residential (ID -RS) to Low Density Single Family Residential (RS -5): COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N1D02'35"W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING NID02'35"W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCEL 2012062; THENCE N88D43'06"E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER; THENCE SOD05'11"W 978.41' ALONG SAID W LINE TO THESE CORNER OF SAID AUDITOR'S PARCEL 2012062; THENCE N89D19'26"W 1457.29' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW CORNER THEREOF; THENCE N9D31'39"W 504.26' ALONG THEW LINE OF SAID AUDITOR'S PARCEL2012062; THENCE S88D58'29"W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING. SECTION 11, ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk IS hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION A. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE, This Ordinance shall be in effect after its final passage approval and publication, as provided by law. Passed and approved this 7th day of October 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City') and St, Andrew Presbyterian Church (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 33.37 acres of property located north of Camp Cardinal Boulevard and east of Camp Cardinal Road; and WHEREAS, Owner has requested the rezoning of said property from Interim Development Single Family Residential (!D -RS) to Low Density Single Family Residential (RS -5); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding the improvement of Camp Cardinal Road and the extension of water and sewer lines, the requested zoning is consistent with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, Owner, acknowledges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and its requirements for adequate street access; and WHEREAS, Owner acknowledges the need to improve Camp Cardinal Road to provide street access to this property; and WHEREAS, Owner recognizes that the extension of water and sewer lines is necessary for the future development of surrounding properties; and WHEREAS, Owner agrees to develop this property in accordance with the terns and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. St. Andrew Presbyterian Church is the legal title holder of the property legally described as the following: COMMENCING AT THE NW CORNER OF THE SW FRACTIONAL QUARTER OF THE SW QUARTER OF SECTION 7, TOWNSHIP 79 N, RANGE 6W OF THE PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE NlD02'35"W 57.38' ALONG THE WEST LINE OF SAID FRACTIONAL QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUING N1002'35"W 429.25' ALONG SAID W LINE TO THE NW CORNER OF AUDITOR'S PARCE12012062; THENCE N88043'06"E 1562.51' ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL2012062 TO THE WEST LINE OF WALNUT RIDGE -PART 3 IOWA CITY, IOWA AS RECORDED IN BOOK 33, PAGE 62 IN THE OFFICE OF THE LINN COUNTY, IOWA RECORDER; THENCE SODOS'11"W 978.41' ALONG SAID W LINE TO THESE CORNER OF SAID AUDITOR'S PARCH 2012062; THENCE N89D19'26'W 1457.29' ALONG THE S LINE OF SAID AUDITOR'S PARCEL 2012062 TO THE SW CORNER THEREOF; THENCE N9D31'39"W 504.26' ALONG THEW LINE OF SAID AUDITOR'S PARCEL2012062; THENCE S88D58'29"W 12.18' ALONG SAID W LINE TO THE POINT OF BEGINNING. 2. Owner acknowledges that the City wishes to ensure conformance to the principles of the Comprehensive Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. in consideration of the City's rezoning the subject property, Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions. ,V\\3 a. Camp Cardinal Road will be reconstructed to City collector street standards. b. Water and sewer lines will be extended to the north and west property lines in locations acceptable by the City Engineer. c. Construction plans for Camp Cardinal Road and water and sewer infrastructure must be approved by the City and under construction prior to issuance of any building permit. d. Emergency vehicle access and extension of water lines to the construction site must be complete prior to the issuance of any building permit. e. A final certificate of occupancy will not be issued until all Infrastructure improvements are complete and accepted by the City. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2013), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 7. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall . be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this 2nd day of September, 2014. CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk ST. ANDREW PRESBYTERIAN CHURCH s/John Roffman rc488"40W October 16, 2014 Flu p %7wr AR CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4598, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of October, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October, 30, 2014. Dated at Iowa City, Iowa, this 14th day of November 2014. Jullki Vo aril p Deputy City Clerk Printer's Fee $ 3 -S: C) CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 1, sr,, being duly sworn, say that I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached was published in said paper time(s), on the following date(s): l0•3�-lel r� Legal Clerk Subscribed and sworn to before rnp this _day of Noulpf1r,alic ADAM JAMES KAHLER CommMM Number 78011 My Coma m OFFICIAL PUBLICATION ORDINANCE NO. 14 4.598 AN ORDINANCE REZONING APPROXIMATELY 25.8 ACRES OF PROPERTY TO RIVERFRONT CROSSINGS -SOUTH DOWNTOWN (RFC -SD) ZONE AND RIVERFRONT CROSSINGS -CENTRAL CROSSINGS (RFC - CX) ZONE LOCATED SOUTH OF BURLINGTON STREET IN THE RIVERFRONT CROSSINGS DISTRICT (REZ14-00013) WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the sub- ject properties are located in the South Downtown and Central Crossings Subdistricts of the Riverfront Crossings District; and WHEREAS, the City has initiated this rezoning of a large portion of the South Downtown Subdistrict and Y. block of the Central Crossings Subdistrict in order to facilitate implementation of the Riverfront Crossings Master Plan; and WHEREAS, the Riverfront Crossings -South Downtown (RFC -SD) and Central Crossings (RFC -CX) Zones were developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that will create a pedestrian -friend- ly, urban neighborhood through form -based zoning standards that specify placement of buildings and parking, enhanced streetscaping, improved building designs and open space; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The prop- erty described below is hereby zoned as follows: A. Lots 1-4 Block 8, County Seat Addition to RFC -CX. B. Lots 7 & 8, Block 93, Original Town; the south 70' of Lot 4 Block 101, Original Town; Blocks 102 & 103, Original Town; Lots 1-14, S. Johnson Subdivision; Lots 2-6 Block 2, Benyhill Pierce Addition; Lots 1-8 Block 5, Lyon's First Addition; Blocks 1 & 19, County Seat Addition; Lot 4, and that por- tion of Lots 2 & 3 south and east of Ralston Creek, all in Block 20, County Seat Addition; and Lot 8 Block 8, County Seat Addition to RFC -SD. SECTION II. ZONING MAP. The building official is hereby autho- rized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amend- ment upon the final passage, approval and publication of the ordinance as approved by law. SECTION 111, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the City's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 21st day of October, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K, Karr, City Clerk PC-60OW410M October 30, 2014 � r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4599, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 21st day of October, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on October, 30, 2014. Dated at Iowa City, Iowa, this 14th day of November 2014. Ju .Voparil Deputy City Clerk OFFICIAL PUBLICATION BfSjlON III ZONING MA_P, The Building Inspector is hereby autho- ORDINANCE NO. 144599 rized and directed to change the ORDINANCE REZONING zoning map of the City of Iowa City, APPROXIMATELY .54 ACRES Iowa, to conform to this amend FROM INTENSIVE COMMERCIAL (CI -1 ) ZONE TO final passage, upon the final , a approval and publication of this approval RIVERFRONT CROSSINGS- ordinance by law. CENTRAL CROSSINGS (RFC- SECTION IV. CERTIFICATION C)Q ZONE AT 201 E. BENTON AND RECORDING. Upon passage Printer's Fee $ 3� s STREET AND 912-914 S. and approval of the Ordinance, the DUBUQUE STREET AND Qity Clerk is hereby authorized and DESIGNATION directed to certify a copy of this CERTIFICATE OF PUBLICATION DUBUQUE STREET AS A ordinance and to record the same, HISTORIC LANDMARK (REZ14- at the office of the County Recorder STATE OF IOWA 00011) WHEREAS, the applicant, XJ -23 of Johnson County, Iowa, at the owners expense, all as provided LLC , has requested a rezoning of bylaw JOHNSON COUNTY, SS: property located at 201 E. Benton Street and 912-914 S. Dubuque SECTION V. REPEALER. All ordi- nances and parts of ordinances in Street from intensive Commercial conflict with the provisions of this THE IOWA CITY PRESS -CITIZEN (CI -1) to Riverfront Crossings -Central Crossings (RFC -CX); and Ordinance are hereby repealed. SECTION VI. SEVERABILITY, If WHEREAS, the applicant has also any section, provision or part of the FED.ID#42-0330670 requested that the property at 914 Ordinance shall be adjudged to be S. Dubuque Street (known as the invalid unconstitutional, such SOS 1 Tata Arms); be designated as an Landmark; and adjudication shall not affect the Iowa City Historic validity of the Ordinance as a being dl that I am guy sworn say WHEREAS, the properties are located in the Central Crossings whole or any section, provision or Pan thereof not adjudged invalid or the legal clerk of the IOWA CITY District of the Downtown and Riverfront Crossings Master Plan, unconstitutional. SECTION VII EFFECTIVE DATE. PRESS -CITIZEN, a newspaper which indicates that the they are This Ordinance shall be in effect appropriate for mixed use develop- after its final passage, approval published in said county, and meet; and and publication, as provided by WHEREAS, the Downtown and law. that a notice, a printed copy of Riverfront Crossings Master Plan which is hereto attached was and the Historic Preservation Plan support the preservation of the Passed and approved this 21st day of October, 2014. published in said paper Stree;alocatedat914S.Dubuque _ time(s), On the following date(s): Street; and WHEREAS, the RFX-CX zone pro- s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk vides for the consideration of the transfer of development rights to October 30, 2014 help preserve the Tate Arms build- ing; and PC.600 O 1028 _ WHEREAS, the Historic U01 -)X Preservation Commission has reviewed the proposed Historic Landmark designation for the property located at 914 S. Dubuque Legal Clerk St. and has recommended approv- al; and WHEREAS, the Planning and Subscribed answorn to Zoning Commission has reviewed the rezoning and Historic before a this day o proposed Landmark designation and has b V A .20 recommended val NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA Notary is CITY, IOWA: ADAM JAMES KAHLER crrTiON I ZONINr APPROVAL. Property described below is here- by reclassified from its current zon- � Commis>" N�IIW "01 ing designation of Intensive Commercial (CI -1) to Riverfront My MMM11 Ian il" Crossings -Central Crossings RFC I -C)): Whites Subdivision of Outlot 4 County Seat Addition Lots 34, 35 and 36. LAND APPROVAL. Property described below is hereby desig- nated as an Iowa City Historic Landmark: Whites Subdivision of Outlot 4 of County Seat Addition Lot 34. l i PAZ 11 I'Mpt 1% y�oar��L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (3 19) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4600, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 18th day of November, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on November, 26, 2014. Dated at Iowa City, Iowa, this 15th day of December 2014. Ju 1 <. Voparil Deputy City Clerk Printer's Fee $ 9 6" CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, A, CroSb 4 being duly sworn, say At I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): II-Zb-1�) Legal Clerk Subscribed and sworn to before me this 3 day if A.D. 2 Notary Publ' ADAM JAMES KAHLER Ip Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION Public Place: Any street, avenue, ORDINANCE NO. 144800 boulevard, highway, sidewalk or ORDINANCE AMENDING TITLE 6 alley or similar place owned or OF THE CITY CODE, ENTITLED controlled by the city, including any "PUBLIC HEALTH AND SAFETY," structure or park. CHAPTER 4, ENTITLED "NOISE Real Property Line: An imaginary CONTROL," TO SIMPLIFY AND line along the ground surface and CLARIFY THE NOISE CONTROL its vertical extension, which sepe- PROVISIONS, TO DELETE rates the real property owned by PERMITS BASED ON DECIBEL one person from that owned by LEVELS, AND TO REGULATE another person, but not including LOUD CAR RADIOS. intrabuilding real property divi- WHEREAS, although Section 6-4 sions. of the City Code presently autho- Sound Production Device: Radio, rizes the City to approve four types tape player, disc player, loudspeak- of sound permits based on decibel er, digital audio player, portable levels, the City has not issued such media player or other electric, elec- permits for many years; WHEREAS, tronic or mechanical device that to enforce such an ordinance, City produces or reproduces sound. staff would need a decibel meter, 6-4-3: SPECIFIC ACTIVITIES WHEREAS, a decibel meter is not PROHIBITED: effective in measuring bass sound; A. No person shall play or operate, WHEREAS, the disorderly house or permit the playing or operating provision in Section 8-5-5 has been of, a sound production device with - very effective in regulating noise, in a motorized vehicle that is plain - including amplified sound, in resi- ly audible by any person: 1) either dential areas; across a real property line or at a WHEREAS, other sections of the distance of fifty (50) feet or more City Code allow staff to issue from the vehicle; and, 2) for more sound permits; than thirty (30) continuous sec - WHEREAS, the City Code pres- onds. ently does not include an effective B. No person shall cause or create, way to regulate loud music coming or permit the causing or creating from a car radio, which has been a of, a noise disturbance that is source of resident complaints over plainly audible by .any person: 1) the years; WHEREAS, this ordinance is either across a real property line or enacted to protect, preserve, and at a distance of fifty (50) feet; and, promote the health, safety, welfare, 2) for more than thirty (30) continu- peace, and quiet of the citizens of ous seconds. the City through the reduction, C. No person shall use amplified control, and prevention of loud and sound in City Plaza except with a raucous noise, or any noise which permit authorized in Titlel 0. unreasonably disturbs, injures or D. No person shall use amplified endangers the comfort, repose, sound in violation of Section 8-5-5 health, peace or safety of reason- of this Code. able persons of ordinary sensitivity; E. No person shall so load, unload, and WHEREAS, it is in the City's best open, close or handle boxes, crates, containers, building materi- interest to adopt this ordinance. NOW, THEREFORE, BE IT als, garbage cans or similar objects ORDAINED BY THE CITY outdoors between the hours of ten COUNCIL OF THE CITY OF CITY, o'clock (10:00) P.M. and six o'clock (6:00) A.M. the following morning IOWA: as to create a noise disturbance SECTION 1. AMENDMENTS. 1. Title 6, entitled "Public Health across the property line of residen- tially zoned property. and Safety," Chapter 4, entkled E. No person shall unload or handle Noise Control," is deleted in its garbage dumpsters or similar entirety and the following new objects outdoors between the Chapter 4, entitled "Noise Control" hours of ten o'clock (10:00) P.M. is substituted in lieu thereof: and seven o'clock (7:00) A.M. the 64-1: DEFINITIONS: As used in this chapter, the follow- following morning as to create a ing,definitions shall apply: noise disturbance across the prop- arty line of residentially zoned Amplified Sound: To increase - property. sound in intensity and duration by F. No person shall operate con - electrical, electronic, mechanical or struction equipment before seven other nonhuman means, including o'clock (7:00) A.M. and after ten an electronic device. Noise Disturbance: Any loud and o'clock (10:00) P.M. unless a permit raucous noise, or any noise which therefor has been obtained from the city engineer. unreasonably disturbs, injures or 6-4-4: EXCEPTIONS TO endangers the comfort, repose, PROVISIONS: health, peace or safety of reason- The provisions herein shall not able persons of ordinary sensitivity; apply to: Person: Any natural or corporate A. The emission of sound for the person, business association or purpose of alerting persons to the other business entity including, but time of day, the existence of an not limited to, a partnership, a sole emergency or the approved testing proprietorship, a political subdivi- thereof sion, a public or private agency of B. The emission of sound in the any kind, a utility, a successor or performance of emergency work, assignee of any of the foregoing, or including snow removal and main - any other legal entity. tenance of trees. Plainly Audible: Any sound for C. Emergency vehicles, such as fire which the information content of trucks and ambulances. the sound is transferred to the lis- D. Essential services, such as elec- tener such as, but not limited to, trical substations and safety devic- understanding of spoken speech, es comprehension of whether a voice is raised or lowered or comprehen- sion of musical rhythms. E. Construction and maintenance activities between seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. "Maintenance activities" shall be nonroutine operations, tempo- rary in nature and conducted infre- quently. F. Cement sawing of freshly poured concrete street, alley, sidewalk or road surface. G. Any person emitting sound pur- suant to a permit under Title 10 of this Code. H. Reasonable activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including by not limited to, school athletic and school entertainment events. I. Events conducted by affiliated groups, as that term is defined in Title 1 0, Chapter 1 of this Code or if, sponsored or funded, in whole or in part, by a governmental entity. J. Equipment used for political advertisements. K. Equipment used for public health and safety purposes. L. Church or clock carillons, bells or chimes or othbr reasonable sounding of devices from houses of worship. M. Parades, processions or other public events for which a parade or other permit has been issued, pro- vided the conditions of the permit are complied with. N. Car or truck horns or similar devices when used to denote dan- ger or a warning or possible dan- ger. 6-4-5 VIOLATION: Violation of this chapter shall be considered a municipal infraction punishable by a penalty as provid- ed for in section 1-4-2D1 of this code or a simple misdemeanor punishable by a fine of $65.00. SECTION II, REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION III, SEVERABILITY. If arty section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 18th day of November 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pca0000418 s November 26, 2014 I r j ® a6M1Mew -Wc.ai_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4601, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of December, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December, 11, 2014. Dated at Iowa City, Iowa, this 8th day of January 2015. Ju K. Voparil Deputy City Clerk Printer's Fee $� CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 I, so��O,_Cf CA q_ being duly sworn, say th t I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_ time(s), on the following date(s): ):)-)1-N Legal Clerk Subscribed and sworn to before me this -_day of A.D.20. NO u lic ADAM JAMES KAHLER Owl Commission Number 785381 �- My Commission Expires 08/04/2017 `v ews �4 SY OFFICIAL PUBLICATION NOTICE ORDINANCE NO. 144001 ORDINANCE AMENDING TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, TO READ "CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE"; AND ADDING SECTION 17-10-2, "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" TO GOVERN CONVEYANCES OF BUILDINGS TO MULTIPLE HOUSING . COOPERATIVES. WHEREAS, in recent years, numerous owners of commercial apartment buildings have con- veyed their property to multiple housing cooperatives they control in an effort to reduce their property taxes by approximately 50%; and WHEREAS, the great reduction in revenue to the City from the build- ings in question is not accompa- nied by any reduction in the City services needed by the building owners or residents; and WHEREAS, requiring that convey- ances to multiple housing coopera- tives be preceded by bringing the buildings up to building code com- pliance would go far in improving the accessibility of the buildings and the health and safety of the residents, and the broader com- munity; and WHEREAS, a change in owner- ship, from the present owner to a multiple housing cooperative, is an appropriate time to require building code compliance, because a change in ownership structure can have a significant impact upon the safety and usability of the building; and WHEREAS, when a building is owned by a single owner, that owner has full control and respon- sibility for maintaining and operat- ing their, property, and bears any casualty loss to the building, but if the same building is converted to a condominium, or conveyed to a multiple housing cooperative, the ownership and control of the build- ing is split up, and measures that keep a building current with mod- ern building code are made more difficult because of the shared nature of ownership and decision making; and WHEREAS, older structures that are not building code compliant represent a greater risk, and great- er financial burden, to a community if they lack the features that mini- mize the need for community resources; and WHEREAS, a reduction in a struc- ture's financial contribution to the community should be limited to those structures that meet stan- dards that minimize these costs; and WHEREAS, bringing an apartment building up to building code not only provides for the safety and well-being of the occupants, but also minimizes the need for local community assistance from Fire Department and EMS personnel, low income energy assistance, weatherization, and building main- tenance and enforcement person- nel; and WHEREAS, there are two general areas under which building code compliance would address the concerns described above: 1) Life Safety S 2) Accessibility code requirements; and WHEREAS, Life Safety building code requirements, such as requirements for an automatic sprinkler system, fire alarm system, fire door assemblies, one-hour fire resistive dwelling unit separation, arc -fault breakers and safety glaz- ing on windows all help prevent and minimize the spread of a fire once it has started, which reduces the chance of personal injuries and loss of property; and WHEREAS, other Life Safety stan- dards such as requirements for emergency escape and rescue openings, attic access openings, emergency lighting and exit enclo- sure ventilation systems all help residents of the building escape the building during an event, and help emergency response person- nel with the rescue process during an event, whether it be a fire, gas leak or natural disaster; and WHEREAS, in general, modern building code standards attempt to minimize loss (personal and prop- erty) and reduce the risk if and when there is a fire, gas leak, power outage or natural disaster; and WHEREAS, modern building code requirements also help reduce the chance of the spread of a fire to neighboring properties, thereby improving life safety for the neigh- borhood in which the structure is located; and WHEREAS, accessibility code requirements such as graspable hardware, ADA -compliant ramps, elevators, bathroom and kitchen layouts, accessible entrances and parking, stairway handrails, and locations of outlets, light switches and environmental controls all help make the structure more accessi- ble WHEREAS, accessibility has been a goal both locally and state-wide due to the aging population and the desire to allow for a building to serve a variety of potential resi- dents over the life of the building; and WHEREAS, requiring that the con- veyances be accompanied by bringing the buildings up to then - current building code standards would, at least in part, make up for the resulting loss in revenue to the City by reducing the need for City services, while at the same time improving the life safety of the resi- dents of the building and their neighbors, and increasing accessi- bility. WHEREAS, it is in the best interest of the City to adopt this amend- ment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I AMENDMENTS. TITLE 17, BUILDING AND HOUSING, CHAPTER 10, CONDOMINIUM CONVERSION CODE, is hereby amended by replacing the Chapter 1 0 title with the following: CONDOMINIUM AND MULTIPLE HOUSING COOPERATIVE CONVERSION CODE TITLE 17, BUILDING AND HOUSING, CHAPTER 10 is hereby further amended by adding a new section, 17-10-2, entitled "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" as follows: 17-10-2: MULTIPLE HOUSING COOPERATIVE CONVERSION CODE: A No conveyance of any residen- tial building or portion thereof to a multiple housing cooperative shall take place without the building first conforming to the City Building Code then in effect. BUnless a certificate of occupan- cy confirming compliance with the current building codes has been issued by the building offi- cial, no person shall file or record an instrument in the office of the county recorder conveying an interest in real estate located in the city to a multiple housing cooperative. C. At least 60 days before an instrument of conveyance is filed or recorded in the office of the county recorder, the appli- -thnt shall electronically file a copy of such instrument, together with the following documents, with the building official, and shall also pay a conversion fee in the amount set in the schedule of fees adopted by the city council by resolution: 1. An as -built plan for the entire structure. 2. A building code analysis pre- pared by an architect or pro- fessional engineer, licensed in the state of Iowa, demon- strating that the structure conforms with then -current building codes, or can be brought into conformance with then -current building codes by planned improve- ments to be made to the structure. 3. If the structure is not in con- formance with then -current building codes, the as -built plan and building code analy- sis must be accompanied by construction plans detailing planned improvements to bring the structure into con- formance with then -current building codes. D. Upon receipt of the code analy- sis, as -built plans, construction plans when necessary, and conversion fee, the building official shall review the docu- ments and conduct such inspections of the structure ass/he may deem appropriate to determine whether or not the structure conforms' with the requirements of this section, or can be made compliant with proposed construction plans. Within sixty (60) days of receipt of the documents and the con- version fee, as provided above, the building official shall issue a certificate of occupancy or pro- vide written notification to the applicant regarding existing structural deficiencies and/or the failure of construction plans to meet applicable codes. SECTION 11 REPEALER, All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SFCTION III, SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be effective upon publication. Passed and approved this 2nd day of December '2014. PC400e042M December 11, 2014 1 � i -'� �%WNdm "W%Amn_ CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (319) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4601, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 2nd day of December, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December 13, 2014. Dated at Iowa City, Iowa, this 8th day of January 2015. \\`` Voparil Deputy City Clerk Printer's Fee $ CERTIFICATE OF PUBLICATION STATE OF IOWA, .` JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I m the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper Published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper- Li-time(s), on the followin date(s): G� { Legal Clerk Subscribed and sworn to beforeve this __day of G A. 2 Notary is ADAM JAMES KAHLER f2� Commission Number 785381 MY Commission Expires 08!04/2017 C. o - r ., Li, ' c::\ 0 }� vbki - 0.1 \Z�tl � I` 1'�- \0� --I, OFFICIAL PUBLICATION WHEREAS, Life Safety building ORDINANCE NO. 14-4601 code requirements, such as ORDINANCE AMENDING TITLE requirements for an automatic 17, BUILDING AND HOUSING, sprinkler system, fire alarm system, CHAPTER 10, CONDOMINIUM fire door assemblies, one-hour fire CONVERSION CODE, TO READ resistive dwelling unit separation, "CONDOMINIUM AND arc -fault breakers and safety glaz- MULTIPLE HOUSING ing on windows all help prevent COOPERATIVE CONVERSION and minimize the spread of a fire CODE"; AND ADDING SECTION once it has started, which reduces 17-10-2, "MULTIPLE HOUSING the chance of personal injuries and COOPERATIVE CONVERSION loss of property; and CODE" TO GOVERN WHEREAS, other Life Safety stan- CONVEYANCES OF BUILDINGS dards such as requirements for TO MULTIPLE HOUSING emergency escape and rescue COOPERATIVE& openings, attic access openings, WHEREAS, in recent years, emergency lighting and exit enclo- numerous owners of commercial sure ventilation systems all help apartment buildings have con- residents of the building escape veyed their property to multiple the building during an event, and housing cooperatives they control help emergency response person - in an effort to reduce their property nel with the rescue process during taxes by approximately 50%; and an event, whether it be a fire, gas WHEREAS, the great reduction in leak or natural disaster; and revenue to the City from the build- WHEREAS, in general, modern ings in question is not accompa- building code standards attempt to nied by any reduction in the City minimize loss (personal and prop - services needed by the building erty) and reduce the risk if and owners or residents; and when there is a fire, gas leak, WHEREAS, requiring that convey- power outage or natural disaster; ances to multiple housing coopera- and tives be preceded by bringing the WHEREAS, modern building code buildings up to building code com- requirements also help reduce the pliance would go far in improving chance of the spread of a fire to the accessibility of the buildings neighboring properties, thereby and the health and safety of the improving life safety for the neigh - residents, and- the broader com- borhood in which the structure is munity; and located; and WHEREAS, a change in owner- WHEREAS, accessibility code ship, from the present owner to a requirements such as graspable multiple housing cooperative, is an hardware, ADA -compliant ramps, appropriate time to require building elevators, bathroom and kitchen code compliance, because a layouts, accessible entrances and change in ownership structure can parking, stairway handrails, and have a significant impact upon the locations of outlets, light switches yand usability of the building; safetand and environmental controls all help make the structure more accessi- WHEREAS, when a building is ble to persons with disabilities, owned by a single owner, that elderly, and other segments of the owner has full control and respon- population which benefit from sibility for maintaining and operat- accessible features; and ing their property, and bears any WHEREAS, accessibility has been casualty loss to the building, but if the same building is converted to a a goal l both locally and state-wide condominium, or conveyed to a d due th e aging g population and multiple housing cooperative, the the desire to allow for a building to ownership and control of the build- serve a variety of potential resi- ing is split up, and measures that dents over the life of the building; keep a building current with mod- and ern building code are made more WHEREAS, requiring that the con- difficult because of the shared veyances be accompanied by nature oWarship and decision bringing the buildings up to then- making;adn current building code standards .WHEREAS, older structures that. would, at least in part, make up for are not building code compliant the resulting loss in revenue to the represent a greater risk, and great- City by reducing the need for City er financial burden, to a community services, while at the same time 'rf they lack the features that mini- improving the life safe of the resi- safety mize the need for community dents of the building and their resources; and neighbors, and increasing accessi- WHEREAS, a reduction in a struc- bre• ture's financial contribution to the WHEREAS, it is in the best interest community should be limited to of the City to adopt this amend - those structures that meet stan- ment. dards that minimize these costs; NOW, THEREFORE, BE IT and ORDAINED BY THE CITY WHEREAS, bringing an apartment COUNCIL OF THE CITY OF IOWA building up to building code not CITY, IOWA: only provides for the safety and of the occupants, but also also minimizes the need for local AMENDMENTS - SECTION 1.I. AND TITLE 17, BUILDING A ND community assistance from Fire HOUSING, CHASTER 10, Department and EMS personnel, CONDOMINIUM CONVERSION low income energy assistance, CODE, is hereby amended b weatherization, and building main- replacing the Chapter 1 0 title with to and enforcement person- erson- the following: nel; rel;l; and and CONDOMINIUM AND MULTIPLE WHEREAS, there are two gene HOUSING COOPERATIVE areas under which building code de CONVERSION CODE compliance would address the TITLE 17, BUILDING AND concerns described above: 1) Lite HOUSING, CHAPTER 10 is hereby Y Safety & 2) Accessibility code requirements; and further amended by adding a new section, 17-1 0-2, entitled "MULTIPLE HOUSING COOPERATIVE CONVERSION CODE" as follows: 17.10-2: MULTIPLE HOUSING COOPERATIVE CONVERSION CODE: A. No conveyance of any residen- tial building or portion thereof to a multiple housing cooperative shall take place without the building first conforming to the City Building Code then in effect. B. Unless a certificate of occupan- cy confirming compliance with the current building codes has been issued by the building offi- cial, no person shall file or record an instrument in the office of the county recorder conveying an interest in, real estate located in the city to a multiple housing cooperative. C. At least 60 days before an instrument of conveyance is filed or recorded in the office of the county recorder, the appli- cant shall electronically file a copy of such instrument, together with the following doc- uments, with the building offi- cial, and shall also pay a conver- sion fee in the amount set in the schedule of fees adopted by the city council by resolution: 1. An as -built plan for the entire structure. 2. A building code analysis pre- pared by an architect or pro- fessional engineer, licensed in the state of Iowa, demon- strating that the structure conforms with then -current building codes, or can be brought into conformance with then -current building codes by planned improve- ments to be made to the structure. 3. If the structure is not in con- formance with then-currerht building codes, the as -built plan and building code anal- ysis must be accompanied by construction plans detail- ing planned improvements to bring the structure into conformance with then -cur- rent building codes. D. Upon receipt of the code analy- sis, as -built plans, construction plans when necessary, and con- version fee, the building official, shall review the documents and conduct such inspections of the structure s/he may deem appro- priate to determine whether or not the structure conforms' with the requirements of this section, or can be made compliant with proposed construction plans. Within sixty (60) days of receipt of the documents and the con- version fee, as provided above, the building official shall issue a certificate of occupancy or pro- vide written notification to the applicant regarding existing structural deficiencies and/or the failure of construction plans to meet applicable codes. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed. SECTION Ill, SEVERABILITY If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance, as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. This Ordinance shall be effective upon publication. Passed and approved this 2nd day of December 2014. s/Matthew J. Hayek, Mayor Attest: s/Manan K. Karr, City Clerk Pca 00042 w December 13, 2014 I r j 0 It, !T► �► 14 4L CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4602, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December, 24, 2014. Dated at Iowa City, Iowa, this 8th day of January 2015. Ju ' K. Voparil Deputy City Clerk 01-�.J , I" _ 4bv -.-)" Printer's Fee $ I b k,.3 � CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that i am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper ( time(s), on the followin date(s): Legal Clerk Subscribed and sworn to befo a me this S d day o �� Nota ub is ADAM JAMES KAHLER Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 14-4602 ORDINANCE CONDITIONALLY REZONING 39.6 ACRES OF f?ROPERTY FROM INTERIM (DEVELOPMENT SINGLE-FAMILY RESIDENTIAL (ID -RS) ZONE TO LOW DENSITY SINGLE-FAMILY RESIDENTIAL (RS -5) ZONE FOR 32.34 ACRES AND LOW DENSITY MULTI -FAMILY (RM -12) FOR 7.26 ACRES LOCATED AT 4701 HERBERT HOOVER HIGHWAY. (REZ14-00015) WHEREAS, the applicant, Build to Suit Inc., has requested a rezoning of property located at 4701 Herbert Hoover Highway from Interim Development Single Family Residential (ID -RS) zone to Low Density Single -Family (RS -5) zone for 32.34 -acres and to Low Density Multi -Family (RM -12) zone for 7.26 - acres; and WHEREAS, the Comprehensive Plan -Northeast District Plan indi- cates that the subject property is appropriate for a mix of multifamily and single family residential devel- opment; and 'WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan provided that it meets conditions addressing the Meed to provide sanitary sewer and Water service to the property, a pedestrian access route to the city sidewalk system and general adher- ence to the concept plan to assure that the RM -12 zone is designed in compliance with the Comprehensive Plan policies regarding compatibili- ty with the adjacent residential neighborhood and appropriate development appearance for an entranceway to the city; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- ions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and 'WHEREAS, the owner and appli- cant have agreed that the property ghall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropri- ate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: *SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated Wein, property described below is hereby reclassrfied'from tD-RS to: A. RS -5 BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 7 TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N00104'35"W, ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER, 1116.9 FEET; THENCE S89°28'23"E, 277.8 FEET; THENCE S00°03'19"E, 154.0 FEET; THENCE S89°28'23"E, 559.8 FEET; THENCE N00°31'37"E, 154.0 FEET; THENCE S89128'23"E, 318.3 FEET; THENCE N00°03'19"W 204.6 FEET, TO A POINT ON THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER; THENCE N89°56'41 "E, ALONG SAID NORTH LINE, 160.0 FEET, TO THE NORTHEAST CORNER THEREOF; THENCE S00°07'31 "W, ALONG THE EAST LINE OF SAID NORTHWEST ONE-QUARTER, 1313.7 FEET, TO THE SOUTHEAST CORNER THEREOF; THENCE N89°53'03"W, ALONG THE SOUTH LINE OF SAID NORTHWEST ONE-QUARTER, 1312.9 FEET, TO SAID POINT OF BEGINNING, CONTAINING 32.34 ACRES. B. RM -12 BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER OF SECTION 7, TOWNSHIP 79 NORTH, RANGE 5 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, JOHNSON COUNTY, IOWA; THENCE N89°56'41 "E, ALONG THE NORTH LINE OF SAID NORTHWEST ONE-QUARTER, 1157.5 FEET; THENCE S00°03'19"E, 204.6 FEET; THENCE N89°28'23"W, 318.3 FEET; THENCE S00°31'37"W, 154.0 FEET; THENCE N89°28'23"W, 559.8 FEET; THENCE N00°03'19"W, 154.0 FEET; THENCE N89°28'23"W, 277.8 FEET, TO A POINT ON THE WEST LINE OF SAID NORTHWEST ONE-QUARTER; THENCE N00°04'35"W, ALONG SAID WEST LINE, 192.8 FEET, TO SAID POINT OF BEGINNING CONTAINING 7.26 ACRES. SECTION II. ZONING MAP The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage approval and pub- lication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. SECTION IV CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by Law. SECTION V REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional ...... _... SECTION VII EFFECTIVE DATE This Ordinance shall be in effect MERIDIAN, JOHNSON COUNTY, IOWA; THENCE A.The Owner shall be respon- after its final passage, approval and N00°04'35"W, ALONG THE sible for providing sanitary publication, as provided by law. WEST LINE OF SAID sewer and water service to this Passed and approved this 16th NORTHWEST ONE-QUARTER, property. day of December, 2014. 1116.9 FEET; THENCE S89°28'23"E, 277.8 FEET; B. The Owner shall establish s/Matth ew J. Hayek, Mayor ew J. THENCE S00°03'19"E, 154.0 and construct a pedestrian City Attest: an K. Karr Cit Clerk FEET; THENCE S89°28'23"E, access route to the city side - 559.8 FEET; THENCE walk system upon the first CONDITIONAL ZONING N00°31'37"E, 154.0 FEET; phase of development of any AGREEMENT THENCE S89°28'23"E, 318.3 portion of the subject property FEET; THENCE N00°0319"W, described in paragraph 1 THIS AGREEMENT is made FEET, TO A POINT ON above. between the City of Iowa City, Iowa, THE NORTH LINE SAID THE a municipal corporation (hereinafter NORTHWEST ONE-QUU ARTER; C. Development of the RM -12 "City") and AGRD Green Bay, L.L.C. THENCE N89"E, ALONG zoned property shall bet sub - (hereinafter (hereinafter "Owner/Applicant"). NORTHH LINE, 160.0 stantial :compliance with the FEET, TO THE NORTHEAST concept plan, attached hereto A Owner/Applicant is WHEREAS, the Owner/A CORNER THEREOF; THENCE and 1s rii6rence made pertof the legal title holder approxi- S00°07'31 "W, ALONG THE this agreement, showing town - mately 39.6 acres of property locat- mately acresf prop EAST LINE OF SAID house style multi -family build - ed at01 Highway; NORTHWEST ONE-QUARTER, ings with driveway access from 1313.7 FEET, TO THE a rear lane. SOUTHEAST CORNER WHEREAS, the Owner/Applicant THEREOF; THENCE D.Priortoissuanceofabuilding has requested the rezoning of said q g N89°53'03"W, ALONG THE permit for any development of property from Interim Development SOUTH LINE OF SAID the RM -12 zoned property, Single Family Residential (ID -RS) to NORTHWEST ONE-QUARTER, Owner shall get approval of a Low Density Single Family 1312.9 FEET, TO SAID POINT development plan, including a Residential (RS -5) for 32.34 acres OF BEGINNING, CONTAINING landscaping plan, exterior and Low Density Multifamily 32.34 ACRES, AND SUBJECT building designs, and site plan Residential (RM -12) for 7.26 acres; TO EASEMENTS AND from the Design Review and RESTRICTIONS OF RECORD. Committee to ensure Comprehensive Plan policies WHEREAS, the Planning and g AND regarding compatibility with Zoning Commission has the lower density residential prop - reviewed the proposed rezoning BEGINNING AT THE erties and appropriate develop - and determined that it complies NORTHWEST CORNER OF ment appearance for an with the Comprehensive Plan pro- THE NORTHWEST ONE- entranceway to the city. vided that it meets conditions QUARTER OF THE addressing the need to provide NORTHEAST ONE-QUARTER 4. The Owner/Applicant and City sanitary sewer and water service to acknowledge that the condi- the property, a pedestrian access OF SECTION 7, TOWNSHIP 79 tions contained herein are rea- route to the city sidewalk system NORTH, RANGE 5 WEST, OF sonable conditions to impose and general adherence to the con -THE FIFTH PRINCIPAL on the land under Iowa Code ceprplantoassure that the RM -12 MERIDIAN, JOHNSON §414.5 (2013), and that said 2ottftdesignedm'Gotriplianeewith COUNTY, IOWA; THENCE conditions satisfy public needs `theComprehensive Plan policies N89°56'41 "E, ALONG THE that are caused by the request - regarding compatibility with the NORTH LINE OF SAID ed zoning change. adjacent residential neighborhood NORTHWEST ONE-QUARTER, and appropriate development 1157.5 FEET; THENCE 5. The Owner/Applicant and City appearance for an entranceway to S00103'19"E, 204.6 FEET; acknowledge that in the event the city; and THENCE N89028'231 -W, 318.3 the subject property is trans - FEET; THENCE S00°31'37"W, ferred, sold, redeveloped, or WHEREAS, Iowa Code §414.5 154.0 FEET; THENCE subdivided, all redevelopment (2013) provides that the City of Iowa N89'P8'23^W, 559.8 FEET; will conform with the terms of City may impose reasonable condi- THENCE N00103'19"W, 154.0 this Conditional Zoning tions on granting an applicant's FEET; THENCE N89°2823"W, Agreement. rezoning request, over and above P77.8 FEET, TO A POINT ON existing regulations, in order to sat- THE WEST LINE OF SAID 6. The parties acknowledge that isfy public needs caused by the NORTHWEST ONE-QUARTER; this Conditional Zoning requested change; and THENCE N00104'35"W, Agreement shall be deemed to ALONG SAID WEST LINE, be a covenant running with the WHEREAS, the Owner/Applicant 192,8 FEET, TO SAID POINT land and with title to the land, acknowledges that certain condi- OF BEGINNING, CONTAINING and shall remain in full force tions and restrictions are reason- 7,26 ACRES, AND SUBJECT and effect as a covenant with able to ensure the development of TO EASEMENTS AND title to the land, unless or until the property is consistent with the RESTRICTIONS OF RECORD. released of record by the City of Comprehensive Plan and the need Iowa City. for pedestrian accessibility; and 2, The Owner/Applicant acknowl- edges that the City wishes to The parties further acknowl- WHEREAS, the Owner/Applicant ensure conformance to the edge that this agreement shall agrees to develop this property in principles of the Comprehensive inure to the benefit of and bind accordance with the terms and con- Plan and the Northeast District all successors, representatives, ditions of a Conditional Zoning Plan. Further, the parties and assigns of the parties. Agreement. acknowledge that Iowa Code §414.5 (2013) provides that the 7. The Owner/Applicant acknowl- NOW, THEREFORE, in consider- City of Iowa City may impose edges that nothing in this ation of the mutual promises con- reasonable conditions on Conditional Zoning Agreement tained herein, the parties agree as granting an applicant's rezon- shall be construed to relieve the follows: ing request, over and above the Owner/Applicant from comply - existing regulations, in order to ing with all other applicable 1. AGRD Green Bay, L.L.C. is the satisfy public needs caused by local, state, and federal regula- legal title holder of the property the requested change. tions. legally described as: 3. In consideration of the City's BEGINNING AT THE rezoning the subject property, SOUTHWEST CORNER OF the Owner/Applicant agrees THE NORTHWEST ONE- that development of the subject QUARTER OF THE property will conform to all NORTHEAST ONE-QUARTER other requirements of the - OF SECTION 7, TOWNSHIP 79 fol ing chapter, as well as the fol NORTH, RANGE 5 WEST, OF lowing conditions: THE FIFTH PRINCIPAL 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezon- ing the subject property, and that upon adoption and publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 16th day of December, 2014. By: s/Benjamin Logsdon CITY OF IOWA CITY s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk Pc 60-42500 December 24, 2014 � r III mm; R,.w CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4603, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December, 24, 2014. Dated at Iowa City, Iowa, this 8th day of January 2015. K. Voparil Deputy City Clerk Printer's Fee S�1_�{ CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 being duly sworn, say that I am' the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached,yeas published in said paper I time(s), on the followin date(s): �a � Legal Clerk Subscribed and sworn to before me this r� A.D 20 Notary P bl ADAM JAMES KAHLER �1� Commission Number 785381 My Commission Expires 08/04/2017 OFFICIAL PUBLICATION ORDINANCE NO. 14-4603 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 0.5 ACRES OF PROPERTY LOCATED AT 708 SOUTH RIVERSIDE DRIVE TO RIVERFRONT CROSSINGS - WEST RIVERFRONT (RFC -WR) ZONE. (REZ14-00018) WHEREAS, the applicant, Noah Kemp, President of Professional Mufflers, Inc., has requested a rezoning of property located 708 South Riverside Drive from Community Commercial (CC -2) zone to Riverfront Crossings -West Riverfront (RFC -WR) zone, as well as the vacation, conveyance and rezoning of an adjacent portion of City right-of-way to help facilitate redevelopment of this property; and WHEREAS, the Downtown and Riverfront Crossings Master Plan was adopted in January 2013 as an integral part of the City's Comprehensive Plan and the sub- ject property is located in the West Riverfront Subdistrict of the Riverfront Crossings District; and WHEREAS, the Riverfront Crossings - West Riverfront (RFC - WR) Zone was developed to help implement the vision of the Riverfront Crossings Master Plan by encouraging redevelopment that Will create a more pedestrian -friend% ty character along Riverside Drive by enhancing the streetscape and overall aesthetics, tempering auto - dominated frontages by locating buildings closer to the street with parking behind or to the side of buildings, and creating a place where people can live close to the Iowa River and to shopping, restau- rants, and other services; and WHEREAS, the requested rezoning will result in the' redevelopment of one corner of a highly visible inter- section within the district; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and deter- mined that it complies with the Comprehensive Plan, provided land is dedicated to the City to widen the South Riverside Drive right-of-way to create a larger landscape buffer between the traffic lanes and the public sidewalk; and WHEREAS, the City is concurrently considering approval of the request- ed vacation and conveyance of right-of-way, and finds that rezoning of that land in conjunction with the rezoning of 708 South Riverside Drive is appropriate; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS, the owner, Professional Mufflers, Inc. and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto, to satisfy public needs caused by the requested development to ensure appropriate development in this area of the city. NOW, THEREFORE, ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation to Riverfront Crossings -West Riverfront (RFC - WR): BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO. 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THENCE S63°46'37"W, 57.73 FEET; THENCE S86°54'03"W, 134.21 FEET; THENCE 1\102°51'01"W, 131.04 FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT CHORD BEARS S47°58'29"E; THENCE N86°54'03"E, 176.74 FEET; THENCE SOW05'57"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.51 ACRE (22,051 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III, CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or;any section, provision or part thereof not adjudged dnvalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of December, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk c 1"k , ( (-� — L -k to CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City"), Noah Kemp (hereinafter "Applicant") and Professional Mufflers, Inc. (hereinafter "Owner"). WHEREAS, Owner is the legal title holder of approximately 17,000 square feet of property located at 708 South Riverside Drive; and WHEREAS, Applicant requested that the City rezone its property, and a portion of City -owned right-of- way, from Community Commercial (CC -2) zone to Riverfront Crossings - West Riverfront (RFC -WR) zone; and WHEREAS, Applicant has concur- rently made an application for the City to vacate and convey that por- tion of right-of-way to facilitate redevelopment of 708 South Riverside Drive; and WHEREAS, the Planning and Zoning Commission has deter- mined that, with appropriate condi- tions regarding pedestrian safety and comfort, the requested zoning is consistent with the Comprehensive Plan and further recommended that Council approve the right-of-way vacation request; and WHEREAS, Iowa Code §414.5 (2013) provides that the City of Iowa City may impose reasonable condi- tions on granting an applicant's rezoning request, over and above existing regulations, in order to sat- isfy public needs caused by the requested change; and WHEREAS; the Owner acknowl- edges that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for pedestrian safety and comfort; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of a Conditional Zoning Agreement. NOW, THEREFORE, in consider- ation of the mutual promises con- tained herein, the parties agree as follows: 1. Professional Mufflers, Inc. is the legal title holder of the property legally described as BEGINNING AT THE NORTHEAST CORNER OF AUDITOR'S PARCEL NO, 2006106, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 51 AT PAGE 45 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S03°05'57"E, 73.60 FEET; THENCE S63°46'37"W, 57.73 FEET; THENCE S86°54'03"W, 134.21 FEET; THENCE NO2°51'01 "W, 131.04 FEET; THENCE SOUTHEASTERLY, 15.75 FEET ALONG AN ARC OF A 10.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 14.17 FOOT CHORD BEARS S47°58'29"E; THENCE N86°54'03"E, 176.74 FEET; THENCE S03°0657"E, 24.73 FEET, TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 0.51 ACRE I22,051 SQUARE FEET), AND S SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan, including the West Riverfront Subdistrict of the Downtown and Riverfront Crossings Master Plan. Further, the parties acknowledge that Iowa Code §414.5 (2013) pro- vides that the City of Iowa City may impose reasonable condi- .-Aions'66 granting ari applk*Vs rezoning request, over 'and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City's rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zon- ing chapter, as well as the fol- lowing conditions to be satis- fied upon redevelopment of the property: a. Owner shall dedicate a strip of land 1 0 feet wide along the subject property's entire Riverside Drive frontage to the City prior to issuance of any building permit for the subject property, to enable the widening of the public right-of-way to enhance pedestrian safety along the corridor. 4. The Owner and Applicant and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelop- ment will conform with the terms of this Conditional Zoning Agreement. 5. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowl- edge that .this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 6. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner from com- plying with all other applicable local, state, and federal regula- tions. The parties agree that this Conditional Zoning Agreement shall be incorporated by refer- ence into the ordinance rezon- ing the subject property, and that upon adoption and publi- cation of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Owner's expense. Dated this 16th day of December, 2014. PROFESSIONAL MUFFLER, INC. By: s/Noah Kemp, President CITY OF IOWA CITY s/Matthew Hayek, Mayor Attest: s/Marian K. Karr, City Clerk. PC -6000042501 December 24, 2014 alp 17ip�M`M' 't CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Julie K. Voparil, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of the Ordinance No. 14-4604, which was passed by the City Council of Iowa City, Iowa, at a Council meeting held on the 16th day of December, 2014, all as the same appears of record in my office and published in the Iowa City Press -Citizen on December, 24, 2014. Dated at Iowa City, Iowa, this 8th day of January 2015. 7� �\' � " Jull K. Voparil �— Deputy City Clerk Printer's Fee $ .301. J CERTIFICATE OF PUBLICATION STATE OF IOWA, JOHNSON COUNTY, SS: THE IOWA CITY PRESS -CITIZEN FED.ID#42-0330670 oS6 being duly sworn, say thal I am the legal clerk of the IOWA CITY PRESS -CITIZEN, a newspaper published in said county, and that a notice, a printed copy of which is hereto attached, was published in said paper_____ time(s), on the foliowin date(s): —_�6A f Legal Clerk Subscribed and sworn to beforEe this 30 day 20 Nota u is ARAM JAMES KAHLER ' Commission Number 785381 ," My Commission Expires 08104/2017 OFFICIAL PUBLICATION ORDINANCE NO. 14-4604 ORDINANCE VACATING OLD BENTON STREET RIGHT-OF- WAY, IGHT OF - WAY, AUDITOR'S PARCEL 2014085, LOCATED ADJACENT TO 708 SOUTH RIVERSIDE DRIVE. (VAC14-00002) WHEREAS, the applicant has requested that the City vacate and convey to the applicant a portion of the Old Benton Street right-of-way adjacent to his property 708 South Riverside; and WHEREAS, this public right-of- way is not needed for circulation beyond access to the two adjacent properties and the trailhead for the Iowa River Corridor trail; and WHEREAS, there does not appear to be any public interest in continu- ing to incur cost, staff time, and liability in maintaining this right-of- way; WHEREAS, the adjacent property at 708 S. Riverside Drive is a small property, with limited development potential; and - WHEREAS, vacation of the right- of-way will better enable the adja- cent property at 708 S. Riverside to redevelop in compliance with the Riverfront Crossings Master Plan; and WHEREAS, one redevelopment scenario depicted in the Riverfront Crossings Plan, shows this the Old Benton Street right-of-way as the drive for a shared parking area located between the adjacent properties; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed vacation and has recommended approval of the application subject to the fol- lowing conditions:. • Rezoning of the property at 708 South Riverside Drive to Riverfront Crossings -West Riverfront Subdistrict; and -Conveyance of the 4,665 square foot portion of the ROW is concur- rent with the redevelopment of the corner property; and • Establishment of a 22 -foot wide public access easement to pre- serve vehicular access for both adjacent properties and the park and trailhead. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I VACATION, The City of Iowa City hereby vacates that por- tion of public right-of-way described as follows: LEGAL DESCRIPTION AUDITOR'S PARCEL 2014085, RECORDED IN BOOK 2524 AT PAGE 139, JOHNSON COUNTY RECORDERS OFFICE. SAID PARCEL OF LAND CONTAINS 0.11 ACRE (4,665 SQUARE FEET), AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. REPEALER. All ordi- nances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION III. SEVERABiLITY, If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION IV, EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 16th day of December, 2014. s/Matthew J. Hayek, Mayor Attest: s/Marian K. Karr, City Clerk December 24, 2014